Negligence

Question 1

What are some causes for complaint

Answer 1

Screw ups, slips, lapses, mistakes
Deficiency in clinical standard
Unnecessary treatment
Confidentiality breach
Proper consent not obtained
Unprofessional manner
Inappropriate conduct

Question 2

What are the different types of courts, hearings and inquiries

Answer 2

Criminal investigation
Clinical negligence claim
Complaint to GDC --> fitness to practise
Scottish Public Sector Ombudsman hearing
Fatal Accident Inquiry / Coroner’s Inquest
Local complaint

Question 3

What is the basic definition of negligence?

Answer 3

‘The omission to do something which a reasonable [practitioner] would do;
or, doing something which a reasonable [practitioner] would not do.’

Donoghue v Stevenson 1932

Question 4

How is negligence established in dentistry in Scotland?

Answer 4

Where a dentist’s practice fails to meet the standard in the following way:

1. There is a usual and normal practice
2. The dentist did not adopt that practice
3. The course the dentist adopted is one which no dentist of ordinary skill would have taken if acting with ordinary care

Harm that results from dental treatment is negligent if the dentist’s practice fails to meet the standard of ordinary care

Question 5

When does a defence exist against a claim in negligence in England and Wales?

Answer 5

‘if [the dentist] has acted in accordance with a practice accepted as proper by a responsible body of [dental practitioners] skilled in that particular art.’

Question 6

Who determines whether the body of professional opinion relied upon is itself reasonable

Answer 6

the court

Question 7

Are trainees held to lesser standards than experienced colleagues?

Answer 7

no

‘In my view the law requires the trainee or learner to be judged by the same standard as his more experienced colleague. If it did not, inexperience would be frequently urged as a defence to an action for professional negligence.’

Question 8

Summerise how clinical negligence is determined

Answer 8

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

All of these conditions are required in terms of balance of probability

Question 9

How to avoid negligence

Answer 9

DO:
Read and understand GDC guidance
Keep up to date
Communicate well with patients and colleagues (including proper apologies)
Follow official policy and procedure
Ask for help / seek advice when unsure
Document advice + all relevant details carefully

DON’T:
Be rude to patients or colleagues
Enter false details in the records — these are thoroughly checked in the event of litigation!
Change records to cover your tracks
Attempt to defend mistakes in response to a complaint (this is different from an apology)