Dental Practice and Negligence claims

Question 1

What are causes for complaint in the dental practice? (7 points)

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 in dentistry? (6 points)

Answer 2

• Criminal investigation
• Clinical negligence claim
• Complaint to GDC -> fitness to practice
• Scottish public sector ombudsman hearing
• Fatal accident enquiry/ Coroner’s inquest
• Local complaint

Question 3

What is the definition of negligence?

Answer 3

• The omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do

Question 4

Who is ‘my neighbour’?

Answer 4

• Persons who are so closely and directly affected by my act that I ought reasonably to have then in contemplation as being so affected when I am directing my mind to the acts and omissions that are called in question

Question 5

What is the basic definition of negligence?

Answer 5

• The omission to do something which a reasonable (practitioner) would do; or something which a reasonable (practitioner) would not do

Question 6

Negligence is established where a dentist’s practice fails to meet the standard in the following ways…? (3 points)

Answer 6

• There is a usual and normal practice
• The dentist did not adopt that practice
• The course the dentist adop ted is one which no dentist of ordinary skill would have taken if acting with ordinary care

Question 7

What is balance of probability?

Answer 7

• Is it more or less likely that the dentist was at fault