Negligence

Question 1

what are the causes for complaints?

7

Answer 1

• screw ups, slips, lapses and mistakes
• deficiency in clinical standard
• unnecessary treatment
• confidentiality breach
• proper consent not obtained
• unprofessional manner
• inappropriate conduct

Question 2

what courts, hearings and inquiries may dentists have to justify their actions to?

6

Answer 2

• local complaint e.g. in workplace
• scottish public sector omburdsman (SPSO)
• complaint to GDC - fitnes to practice
• negligence litigation (private law)
• prosecution (public law)
• fatal accident inquiry/coroner’s inquest

Question 3

what are the degrees of culpability?

4

Answer 3

• dissatisfying outcome of treatment
• problematic outcome of treatment
• negligence
• gross negligence

criminal law

Question 4

what is negligence?

Answer 4

the omission to do something which a reasonable person would do or doing something which a prudent and reasonable person would not do

Question 5

what is the criteria for clinical negligence?

4

Answer 5

1. the dentist owed a duty of care
2. the duty was breached (standard of care)
3. the breach caused or materially contributed to the damage (causation)
4. the damage was reasonably forseeable and had negative consequences and effects

all conditions are required in terms of balance of probabilities

must be guilty beyond reasonable doubt

Question 6

how should a GDP be judged?

Answer 6

against the standard of other GDPs, and not consultants

Question 7

how should all records be kept?

4

Answer 7

• complete
• full in detail
• legible
• comprehensive

Question 8

when is a claim for dental care for children allowed?

Answer 8

allowed until the age of 21 from the age of 18

Question 9

how long should records be kept for?

Answer 9

• minimum 11 years for all
• child records kept until patient is 25

Question 10

what is contributory negligence?

Answer 10

when the patient’s own actions of a neglectful nature also ontributed to the harm