HCLP

Question 1

What 5 things make consent valid?

Answer 1

1. Given voluntarily.
2. Given by an individual who has capacity.
3. Given by an individual who has been fully informed about the issues bearing in mind the obligations of Montgomery and GDC standards.
4. Given anew when material risks change or when treatment options or treatment changes.
5. Given with the patient’s knowledge that they can withdraw consent at any time

Question 2

What is the age of legal capacity in Scotland?

Answer 2

16 years old

Question 3

What 5 things can be used to avoid complaints?

Answer 3

1. CLEAR
   C - connect (vocab, tone, offer help)
   L - listen (open-ended questions)
   E - empathise (summarise and acknowledge)
   A - ask (expectations, concerns, knowledge, permission for closed questions)
   R - review and check (confirm, correct, wellbeing, closure)
2. Professionalism
3. Effective communication
4. Compassionate care
5. Managing expectations

Question 4

What does the 2017 NHS Complaints Handling Procedure involve?

Answer 4

Stage 1
- local level
- early resolution - dealt within 5 working days

Stage 2:
- investigation
- acknowledged in 3 days via letter
- completed investigated response in 20 days
- patient is given details of PASS and SPSO
- NHS boards shld have a complaints+feedback officer
- display details of PASS and SPSO prominently
- reporting is mandatory following a complaint

Question 5

What should a response to a complaint include?

Answer 5

1. An explanation of how the complaint has been considered
2. An apology if appropriate
3. An explanation based on facts
4. Whether the complaint in full or part is upheld
5. Conclusions reached & any residual action that the organisation considers to be appropriate
6. Confirmation that the trust/board is satisfied that has been or will be actioned
7. Where possible, response about any lessons learnt
8. Information and contact details of the PHSO/SPSO as the next stage of the NHS complaints process

Question 6

To prove negligence, what 3 things must there be?

Answer 6

1. Duty of Care
2. Breach of duty
3. Causation of harm

Question 7

What is a claim for compensation?

Answer 7

A claim for something (typically money) in recognition of loss, suffering, or injury.

Question 8

What must you have in place to cover yourself when a claim is made?

Answer 8

Insurance and Indemnity

Question 9

If a claim has been made against yourself, when must you contact your insurance/indemnity provider?

Answer 9

Immediately after the claim has been made

Question 10

What is very important for you to do daily in order the prevent yourself from getting into trouble when a claim has been made?

Answer 10

Ensure you have good note writing

Question 11

Which treatments can commonly lead to claims for compensation?

Answer 11

Endodontics
Complexed fixed pros
Undiagnosed/untreated perio disease
Implants and associated procedures
Cosmetic dentistry of all kinds
Facial aesthetics
Adult orthodontics - particularly short term
Failure to diagnose
Consent issues across all treatment types

Question 12

How should you handle a claim for compensation?

Answer 12

1. Send a copy of the patient notes to a solicitor
   - must gain patient’s consent to send their notes - have 30 days to do so
   - this is carried out via your indemnity company
2. Respond to the letter of claim with a very simple response
   - carried out via indemnity company
3. Must cooperate with your indemnity company
   - meetings
   - your thoughts on what happened
   - pass all further correspondence (letters etc) to them

Question 13

What are the different outcomes that can come of claims?

Answer 13

1. Settled without admission of liability
2. Patient/patient solicitors no longer pursue case
3. Defend - out of court settlement
4. Defend - court (win or lose)

Question 14

Are claims for compensation covered by the NHS in secondary care settlements or the PDS?

Answer 14

Yes - NHS covers your indemnity for any claims in negligence in secondary care/PDS

Question 15

Which organisation deals with claims?

Answer 15

The Central Legal Office

Question 16

Which 3 existing legislations are relevant to our Duty of Confidentiality?

Answer 16

1. Common Law
2. Human Rights Act 1998
3. Data protection Act 2018

Question 17

In which cases can confidentiality be breached?

Answer 17

If the patient has given consent

Question 18

In which case does the GDC advise you to breach confidentiality in the public interest?

Answer 18

When a patient puts their health and safety at serious risk

OR

If you think that you have confidential information which would help prevent or detect a serious crime

Question 19

If you have to release confidential information for any reason, what must you do?

Answer 19

1. Try to achieve patient consent if possible - ideally in writing
2. Release the minimum information necessary for the purpose
3. Be prepared to justify your decisions/actions
4. Seek advice if in doubt

Question 20

What are the 7 principles regarding data protection?

Answer 20

Personal data must be:
1. Processed lawfully, fairly and in a transparent manner in relation to individuals
2. Collected for specified, explicit, and legitimate purposes
3. Adequate, relevant, and limited to what is necessary
4. Accurate and kept up to date
5. Limited - only what is necessary
6. Secure
7. Accountable

Question 21

What local data protection policies are available in dundee?

Answer 21

NHS Tayside Data Protection Policy
UoD Data Protection Policy

Question 22

What is duty of candour?

Answer 22

Honesty with the patient if something has gone wrong

Question 23

How might you approach a scenario if treatment has gone wrong?

Answer 23

• Put matters right if possible
• Offer an apology written and verbal
• Explain fully and promptly what has happened and the likely short-term and long-term effects