Negligence Ethics Flashcards
why might a patient complain?
- dentist messes up/makes mistake
- deficiency in clinical standard
- unnecessary treatment
- confidentiality breach
- proper consent not obtained***
- unprofessional manner
- inappropriate conduct
what is statute law?
acts of parliament written down
what is common law?
body of unwritten laws based on legal precedents established by the courts
what are statute law and common law both divided into?
- public law
- private law
public law gives rise to…?
criminal law
private law gives rise to…?
civil law
what is criminal law?
the state bings actions against parties
what is civil law?
party brings action against party
what are the steps after a patient makes a complaint?
- local complaint
- Scottish Public Sector Ombudsman (SPSO)
- complaint to GDC = fitness to practise
- negligence litigation (private law)
- prosecution (public law)
- fatal accident enquiry/Coroner’s inquest
if a complaint is upheld by the SPSO, what happens to the dentist?
no punishment, only reputation damage
what occurs if there is a suspicious/unexplained death involved?
a FATAL ACCIDENT ENQUIRY occurs and the procurator-fiscal is alerted
what are the different degrees of culpability that may occur in dentistry from least bad to worst?
- dissatisfying outcome of treatment
- problematic outcome of treatment
- negligence
- gross negligence (criminal law at this stage)
what is the definition of negligence in relation to dentistry?
the omission to do something that any reasonable dentist would do, or doing something which a reasonable dentist would not do
what defence exists (for dentists) against a claim in negligence?
if the dentist has acted in accordance with a practise accepted as proper by a responsible body of dentists (GDC) skilled in that particular art
what is a summery of dental clinical negligence?
- dentist owed a duty of care
- the duty was breached (standard of care)
- that breach caused or materially contributed to damage (causation)
- this damage was reasonably foreseeable and had negative consequences and effects
