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CSP1 YR5 > Law YR4 > Flashcards

Law YR4 Flashcards

1
Q

Complaints procedure - how long to reply?

A

Acknowledge receiving complaint within 3 daysRespond informally in 5 days And respond formally in 20 days5 days response to decide formally or informally3 days after formal 20 days in total

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2
Q

How can the patient take their complaint to the next step?

A

Complaint NHS Ombudsman, within 28 day reply

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3
Q

Patient law?

A

Patients Rights Act

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4
Q

Post for patients?

A

Freepost SPSO

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5
Q

Patients’ rights under the NHS legislation?

A
  • Have the right to have any complaint dealt either efficiently and properly investigated- Know the outcome- Take their complaint to the NHS Ombudsman- To claim a judicial review if been affected by an unlawful act - Right to compensation
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6
Q

Does every dental practice need a complaints procedure?

A

YesIts law

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7
Q

Complaint officer?

A

Needs training

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8
Q

Decisions of a complaint from the GDC?

A

No actionWarning letter (public)Referred to Case ExaminersInvestigation CommitteeInterim Orders CommitteeHealth CommitteeProfessional Perfomance CommitteeProfessional Conduct Committee

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9
Q

Fitness to practice sanctions?

A

Admonishment Written warning attached to registration Conditions on your registration with or without reviewSuspension with or without review (18 months)Erasure

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10
Q

NHS complaints procedure?

A

1st April 2017

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11
Q

What does the GDC refer to when considering complaints?

A

Harm has been caused to the member of the publicDamage has been done to the reputation of the reputationRegistrant may be suffering from ill health

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12
Q

Concerns that you should report to the GDC?

A

No insuranceFraud or theftCross infection issueHeth condition putting patient at riskUnder the influence of drugsFailure of safeguarding the patient Violent behaviourSexual assault

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13
Q

Public Interest Disclosure Act 1998

A

Good faithReasonable

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14
Q

Continued professional development?

A

What we aren’t good at

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15
Q

Public interest disclosure act (PIDA)

A

Whistle blower act - allow to grass on someone

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16
Q

Equality and diversity Act 20109 categories?

A

AgeDisabilityGender reassignment Marriage and civil partnershipPregnancy and maternityRaceReligion or beliefSexSexual orientation

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17
Q

Burden if proof between negligence and discrimination?

A

Negligence - proof for patientDiscrimination - proof from dentist

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18
Q

Court ordered mandate for release of dental records?

A

Must be sent to the lawyer

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19
Q

What if a patient doesn’t attend their referral appointment?

A

If it is possibly harmful such as a biopsy - you should try and persuade them to goIf they still refuse to go to their referral and explain that they don’t want to be referred anymore - you still MUST refer them, protected under the data protection act. If they still don’t attend it is essential to try and persuade them to go

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20
Q

What is the period of time for a complaint to be dealt informally?

A

5 days

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21
Q

If a formal complaint has been made, when must the dentist acknowledge it?

A

Within 3 working days

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22
Q

How many days must the complaint be responded to?

A

20 days

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23
Q

What is clinical governance?

A

A mechanism for monitoring and reviewing the healthcare provided for patients to give assurance that all patients recieve consistent health care of an appropriate quality irrespective of where it is provided or from whom it is provided

24
Q

What must be included for clinical governance?

A

Clinical risk managementInformation governanceClinical effectivenessFitness to practice

25
Q

Duty of candour?

A

Must be open and honest with patient when something goes wrong with a patients treatment or care which causes or had the potential to cause, harm or distress

26
Q

Name the 9 principles of the GDC?

A
  1. Put patient’s interest first
  2. Communicate effectively with patients
  3. Obtain valid consent
  4. Maintain and protect patient’s information
  5. Clear and effective complaints procedure
  6. Work with colleagues in a way that is in patient’s best interests
  7. Maintain, develop and work within your professional knowledge and skills
  8. Raise concern if patient’s are at risk
  9. Make sure your personal behavior maintains patient’s confidence in you and the dental profession.
27
Q

Which professions do the GDC principles apply to?

A

Dentists
Nurse
Hygienist
Therapist
Orthodontic Therapist
Technicians
Clinical Technicians

28
Q

What is the definition of Duty of Care?

A

To provide safe, effective dental care of a standard a patient has a right to expect from a reasonable dental practitioner; that is an individual holding themselves out to be someone professing to have the skills that a reasonable competent dental practitioner would have.

29
Q

What is the definition of Ethical Principles?

A

Considering the benefits and harms to individual and society; looking at the consequences not just to the individual.

30
Q

Name 4 factors which can compromise Ethics?

A

Principles
Values
Honesty
Standards of the Dental team

31
Q

Name the 4 Principles of Ethics and Clinical Decisions?

A
  1. Respect for Autonomy
  2. Non-malfeasance
  3. Beneficence
  4. Justice
32
Q

What is the definition of Respect for Autonomy?

A

Promote the right to self determination
Confidentiality, informed consent, promote capacity

33
Q

What is the definition of non-malfeasance?

A

The avoidance of harm

34
Q

What is the definition of Beneficence?

A

To do good

35
Q

What is the definition of Justice?

A

Fairness/ equity
- Non discrimination
- Equal treatment for equal need
Individual vs. population
- Rationing
- Limits to autonomy

36
Q

What is the definition of non-judgmental approach?

A

You must not discriminate on grounds of age, colour, culture, disability, ethnic or national origin, gender, lifestyle, marital or parental status, race, religion or beliefs, sex, sexual orientation, or social or economic status.

37
Q

Not Imposing Your Personal Views and Respecting Patients’ Views

A

fair presentation of facts/options
not letting your views affect your advice/actions

38
Q

What is the definition of fitness to practice?

A

It is not just about competency
You have a specific duty to take appropriate action to protect patients, not just by your own actions but also to protect patients if you or others are unfit to practice.

39
Q

Name the 4 categories for Information Governance?

A

Data protection
Freedom of information
Information security
Records management

40
Q

When might it be appropriate to breach confidentiality?

A

Patient Safety
Crime has been committed
Public or legal duty
The public interest

41
Q

Name people that can complain?

A

Patients
Colleagues (Dentists / Doctors)
Staff
Health Boards
Scottish Dental Practice Board
GDC
Police

42
Q

Describe the Patients’ Rights Act?

A

Any complaint made about NHS services dealt with efficiently and to have it properly investigated.

Patients have the right to know:

The outcome of any investigation into their complaint.

Patients also have the right:

To take their complaint to the independent Health Service Ombudsman if they are not satisfied with the way their complaint has been dealt with by the NHS.

Patients have the right:

To make a claim for judicial review if they think they have been directly affected by an unlawful act or decision of an NHS body or individual

43
Q

What can the outcome under the Patients’ Rights Act be?

A

Patients have the right to compensation

where they have been harmed by negligent treatment

The NHS also commits:

to ensure patients are treated with courtesy and they receive appropriate support throughout the handling of a complaint; and the fact that a patient complained will not adversely affect their future treatment

The NHS commits when mistakes happen:

to acknowledge them, apologise, explain what went wrong and put things right quickly and effectively;
and
to ensure that the organisation / practitioner learns lessons from complaints and claims and uses these to improve NHS services.

44
Q

Describe the Scottish Complaints Procedure 2017?

A

5 Day period when the complaints officer can decide whether the complaint can be dealt with informally - must inform officer if to deal with insufficiently and confirm complainer’s agreement

If following a formal procedure must acknowledge within 3 working days.

Decide whether it requires written or verbal response

Give a full response within 20 days, unless impossible and explain when and why the delay

Can contact complaints officer again or Ombudsman, within 28 days of response.

45
Q

Describe best ways t prevent complaints?

A
  • Careful treatment planning and realistic expectations that patients understand
  • Questionnaires to assess what the patients think about the practice and reacting to their comments
  • Clinical Governance
  • Critical Event Analysis
46
Q

Describe the 5 year Enhanced CPD cycle for Dentists?

A

100 hours per cycle
Keep a CPD record:
- PDP
- log activity
- document evidence
Make an annual declaration:
- # of CPD hours

Must do at least 10 hours of CPD every 2 years

Each CPD activity needs at least 1 GDC learning outcome

47
Q

Describe the Equality Act 2010?

A
  • Codifies the numerous Acts and Regulations which formed the basis of anti-discrimination law in the UK.
  • There is a public sector duty regarding socio-economic inequalities
  • Places duties on all public authorities and those administering public sector duties
48
Q

Describe the 9 protected categories of the equalities act?

A

Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation

49
Q

Describe the 8 categories that need to Raise concern for>

A

Sexual assault or abuse
Violent behaviour
Failures in the safeguarding of children or vulnerable adults
Being under the influence of alcohol or drugs
A health condition which puts patients at risk of harm
Serious cross-infection control issues
Fraud or theft
Not having professional indemnity insurance

50
Q

Record keeping for Raising a concern?

A

Speak up as early as possible

Record of the time(s) and date(s) that the incidents you want to raise took place. This helps you present the facts, and facilitates any investigations. It is also a good idea to keep a record of any meetings you have to discuss your concerns, and to keep copies of any correspondence you send or receive about it.

51
Q

What is the definition of Public Interest Disclosure Act (1998)? and concerns covered by the Act?

A

to provide protection for those who raise genuine concerns about wrongdoing or malpractice in the workplace and are victimised and/or dismissed for doing so.

crime;
someone breaking a legal obligation;
a miscarriage of justice;
danger to health and safety or the environment; or
a cover-up of any of the above.

52
Q

What is the definition of the General Data Protection Regulations 2018?

A

any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person’

53
Q

Name the 6 protection principles of GDPR?

A

Be processed lawfully, fairly and in a transparent manner
Be processed for specified, explicit and legitimate purposes and not in any manner incompatible with those purposes
Be adequate, relevant and limited to what is necessary in relation to the purposes
Be accurate and up to date
Must not be kept for longer than is necessary
Be secure.

54
Q

Record keeping time?

A

11 Years

55
Q

When is written consent mandatory?

A

Mandatory for general anaesthesia and sedation
Mandatory for treatment carried out by students from 1st September 2014
Incapacity Certificate under the Adults with Incapacity (Scotland) Act
May be a contractual requirement (i.e. employer / Health Board)

CSP1 YR5 (10 decks)

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