questions Flashcards
(52 cards)
What are the features of African Customary Law?
- Immemorial
- Non-repugnant to justice or morality
- Reasonable
- Conforms with an Act of Parliament or the Constitution
State the advantages and disadvantages of each of the various forms in which medical
records may be kept
Electrical
Advantages
* Easy to organize
* Increased security
* Ease of accessibility
Disadvantages
* Dependent on IT competent individuals
* Risk of data corruption especially over long periods
* Reliant on underlying infrastructure e.g. electricity
Written
Advantages
* Accurate
* Ease of recording
Disadvantages
* Gradually occupies more storage space
* Insecure
* Prone to damage
. List the international principles of ethics for the dental profession as per the FDI policies
The professional dentist:
* Will practice according to the art and science of dentistry and to the principles of
humanity
* Will safeguard the oral health of patients irrespective of their individual status
* Has the right to decline to treat a patient, except for the provision of emergency care,
for humanitarian reasons, or where the laws of the country dictate otherwise.
* Should refer for advice and/or treatment any patient requiring a level of competence
beyond that held
* Must ensure professional confidentiality of all information about patients and their
treatment except where the laws of the country dictate otherwise.
* Must accept responsibility for, and utilize dental auxiliaries strictly according to the law
* Must accept full responsibility for all treatment undertaken, and no treatment or service
should be delegated to a person who is not qualified or is not legally permitted to
undertake this.
* Must deal ethically in all aspects of professional life and adhere to rules of professional
law Should continue to develop professional knowledge and skills
* Should support oral health promotion
* Should be respectful towards professional colleagues and staff
* Should act in a manner which will enhance the prestige and reputation of the
profession.
. Explain the order of calling witnesses in a criminal trial and the purpose of each of the
sessions
I.
II.
III.
IV.
V.
VI.
Calling of witness
Swearing in of witness – This is to bind the witness into giving a true account of
events or risk perjury
Taking of testimony – This allows the witness to give their version of the relevant
events
Examination in chief – This is done to bring out facts that are supportive to the
case of whichever party summoned the witness
Cross examination – This is done to; bring out facts that are favorable to the
adverse party, test and cast doubt on the evidence of the witness and to
impeach the credibility of the witness
Re-examination – This is done to re-establish any credibility that may have been
lost during cross examination
State factors that may compromise the evidence of an expert witness
- If it wastes time and is unnecessary
- If it creates unfair prejudice
- If it is misleading
- If it is unreliable
- If the witness is proven to lack integrity
- If the witness is shown to lack the necessary qualifications to act as an expert
. What is the purpose of the United Nations Convention on the Rights of a Child (UNCRC)
To set civil, political, economic, social and cultural rights of every child regardless of
their race, religion or abilities
. Name the articles of the UNCRC
- Definition of the Child
- Non-discrimination
- Best interests of the child
- Implementation of the Convention
- Parental guidance and a Child’s evolving capacities
- Life, survival and development
- Protection and preservation of identity
- Separation from parents
- Family reunification
- Respect for the views of the child
- Freedom of expression
- Freedom of thought, belief and religion
- Freedom of association
- Right to privacy
- Access to information from the media
. How does the radiation Board protect the health and safety of people and environment
from the harmful effects of ionizing radiation?
- Personal radiation monitoring services
- Radioanalytical services
- Quality assurance control
- Registration and licensing of radiation workers
- Controlling the ownership and dissemination of radioactive material via licensing
List the components of a Research Consent Form
- Title of research proposal
- Name of researchers and their introduction
- Objectives of research and goals
- Risks to participants
- Benefits to participants
- Alternatives for treatment in case one does not want to participate
- Confidentiality
- Voluntarism
- Contacts of researchers.
- Schedule of visits and specimens to be taken each time
- Signature of participants and witnesses.
List the different types of consent
- Implied consent
- Informed consent
verbal
written
Describe the standards of clinical care
I.
Put patient’s interests first
Communicate effectively with patients
Obtain valid consent
Maintain and protect patients’ information
Have a clear and effective complaints procedure
Work with colleagues in a way that is in patients’ best interest
Maintain, develop and work within professional knowledge and skills
Raise concerns if patients are at risk
Ensure personal behavior maintains confidence in oneself and the dental
profession
The Geneva Declaration is an affirmation of the ethical practices of medicine, give an
account of the historical events that led to its adoption by the World Medical
Association
- During World War II, the Nazis and Japanese engaged in despicable human rights
abuses by performing highly unethical experiments on captured Soviets, Jews
and Chinese civilians - After The Allies won the war, they held the Nuremberg Trials where senior Nazi
officials were tried for the various roles they played during the war and The
Holocaust - The Nazi doctors that were arraigned tried to argue that their actions did not
deserve punishment as they did not breach any established ethical guidelines - This highlighted the glaring need for reform and for a reaffirmed set of
guidelines regarding both human rights and the rights of patients - A study committee was appointed to prepare a charter of medicine that would
be adopted by all doctors and after two years, they modernized the Hippocratic
Oath which was adopted by the World Medical Association as the Declaration of
Geneva in 1948
Discuss the requirements for registration to practice as a Dental Practitioner in Kenya
- Be a citizen of Kenya and:
* Is a holder of a degree or other qualification obtained from a university in Kenya or the
east African community which is recognized by the council as making him eligible for
registration.
* Has passed the internship qualifying examinations.
* Presents proof of completion of internship.
* Has passed pre-registration examination.
* Satisfies the council that he is a person of good moral standing, may apply to the council
for full registration as a medical or dental practitioner under this act. - Be a citizen of the East African Community and:
* Is a holder of a degree or other qualification recognized by the Council as making him
eligible for registration.
* Presents proof of registration in their country of origin.
* Satisfies the Council that he is a person of good moral standing, may apply to the
Council for reciprocal registration as a medical or dental practitioner under this Act. - Is not a citizen of Kenya or of a partner state of the East African Community but:
* Is a holder of a degree or other qualification recognized by the Council as making him
eligible for registration.
* Presents proof of registration from the country of origin or any other jurisdiction.
* Satisfies the Council that he has acquired sufficient knowledge of, and experience in, the
practice of medicine or dentistry as the case may be.
* Satisfies the Council that he is a person of good moral standing.
* Has passed an examination prescribed by the Council, may apply to the Council for
temporary registration as a foreign medical or dental practitioner under this Act as is
prescribed in regulations.
Ethical principles
- Confidentiality. A health practitioner must ensure that medical information they
hold about a patient is only accessible to those said patient has given access via
autonomy and informed consent - Autonomy. A health practitioner must ensure their patients make decisions on
their health with all the required information being delivered to them
beforehand in a manner that they are able to understand - Beneficence and Non-maleficence. A health practitioner must ensure that they
always act in the patient’s best interest while doing no harm - Equality and Justice. A health practitioner should ensure resources in the medical
setting are distributed according to everyone’s needs and regardless of gender,
race, age, sexual orientation, socioeconomic status, political affiliation etc.
Describe the composition and functions of the Medical Practitioners and Dentists
Council
Composition
* A chairman appointed by the minister.
* A director of medical services.
* A deputy director of medical services appointed by the minister.
* 4 medical practitioners appointed by the minister.
* 5 medical practitioners and 2 dentists elected by the members.
* Representatives of the faculty of medicine nominated by faculty board.
Functions:
* Regulate the practice of doctors and dentists.
* Specify training requirements.
* Registration and issue of certificates of registration of qualified doctors and dentist.
* Publication of register of doctors.
* Granting, revoking and suspending licenses. E.g. licensing to run private practice.
* Discipline doctors and dentists. E.g. disciplinary proceedings, rules.
Describe the composition and functions of the Medical Practitioners and Dentists
Council
Composition
* A chairman appointed by the minister.
* A director of medical services.
* A deputy director of medical services appointed by the minister.
* 4 medical practitioners appointed by the minister.
* 5 medical practitioners and 2 dentists elected by the members.
* Representatives of the faculty of medicine nominated by faculty board.
Functions:
* Regulate the practice of doctors and dentists.
* Specify training requirements.
* Registration and issue of certificates of registration of qualified doctors and dentist.
* Publication of register of doctors.
* Granting, revoking and suspending licenses. E.g. licensing to run private practice.
* Discipline doctors and dentists. E.g. disciplinary proceedings, rules.
Standards for clinical care play an important role in the delivery of appropriate care and
ensuring quality, outline the main features of the standards for clinical care provided by
oral health care professionals
- Put patient’s interests first
- Communicate effectively with patients
- Obtain valid consent
- Maintain and protect patients’ information
- Have a clear and effective complaints procedure
- Work with colleagues in a way that is in patients’ best interest
- Maintain, develop and work within professional knowledge and skills
- Raise concerns if patients are at risk
- Ensure personal behavior maintains confidence in oneself and the dental
profession
Citing relevant laws define the concept of informed concept as used in healthcare
Informed consent can mean:
* The process of getting permission before conducting health care intervention on
a person, according to Health Act No 21 of 2017 Part I Section 2
* Consent for the provision of a specified health service by a given person with
legal capacity to do so and has been informed, according to Health Act No 21 of
2017 Part II Section 9(3)
* Consent given without any force, fraud or threat and with full knowledge and
understanding of the medical and social consequences of the matter to which
the consent relates, according to HIV and Aids Prevention and Control Act No 14
of 2006 Part I Section 2
Describe the elements of consent
- Disclosure. All facts relating to an intervention must be presented to the patient
- Comprehension. The patient should be able to understand the facts presented to
them - Voluntariness. The patient should not be coerced via threats or promise of
reward to make a decision regarding medical intervention - Competence. The patient should be in state of mind where they can make
rational decisions - Revocability. The patient should be able to retract their consent after it is given if
they feel the quality of healthcare is subpar or if they feel they have not been
adequately informed
Explain the place of confidentiality and informed consent as it applies in healthcare
- Maintaining a healthy relationship between the patient and healthcare worker
- Avoiding legal issues
- Adhering to the ethical principle of Autonomy
- Prevention of exploitation
- Preventing loss of dignity and discrimination
Describe the organization of the courts and healthcare system in Kenya
The Courts
The Courts in Kenya are organized into Superior and Subordinate Courts
Superior Courts are;
* The Supreme Court – Has exclusive jurisdiction on presidential election disputes,
constitutional interpretation and appeals from The Court of Appeal.
* The Court of Appeal – Has appellate jurisdiction over all other courts apart from The
Supreme Court.
* The High Court – Has unlimited jurisdiction over criminal, civil and human rights matters
* Employment and Labour Relations Court – Hears and determines disputes over
employment and labour matters
* Environment and Lands Court – Hears matters relating to the occupation and use of land
Subordinate Courts are;
* Magistrates Courts – These are local courts bound by geography or monetary limits that
hear basic criminal and civil matters
* Kadhi’s Courts – Courts that hear matters relating to Islamic civil law between
participants that are all Muslim
* Courts Martial – Courts that hear disciplinary matters relating to military personnel
* Tribunals – Quasi judicial bodies made up of highly qualified individuals that have
specialized in niche fields, they determine disputes arising from the decisions of
government entities.
Describe healthcare system
Healthcare System
Healthcare delivery system is organized on tiers,
Level 1 – This is at the community level and involves informal healthcare provision by
community health workers
Level 2 – This is the lowest formal level, includes dispensaries and most personal clinics
Level 3 – These facilities provide basic healthcare services including basic maternal care, include
health and maternity centres in towns
Level 4 – These facilities provide generalized medical services, include county and subcounty
hospitals for example Uasin Gishu County Hospital
Level 5 – These facilities provide a wide range of specialized services, include former provincial
hospitals and county hospitals for example Coast General Hospital and Jaramogi Oginga Odinga
Teaching and Referral hospital
Level 6 – These are referral hospitals providing highly specialized services for example, The
Kenyatta National Hospital and The Moi Teaching and Referral Hospital
Briefly highlight some of the important laws or acts that are applicable in the regulation
of the healthcare system in Kenya
- Pharmacy and Poisons Act – Regulates the acquisition and dissemination of
pharmaceutical substances - Science, Technology and Innovation Act – Regulates research processes
- Medical Practitioners and Dentists Act – Regulates qualifications, licensing and
registration of medical practitioners and dentists - Occupational Health and Safety Act – Regulates safety protocols in healthcare facilities
- Combined Digital Health Act – Regulates management of patient data
- Social Health Insurance Act – Establishes a public healthcare fund that aims to alleviate
financial burden of healthcare - Nuclear Regulatory Act – Regulates the purchase, use, maintenance and disposal of
diagnostic machines that utilize radioactive material - Employment Act – Regulates employer-employee relationship
- Health Act – Gives the basic health rights of every citizen
- Cancer Prevention and Control Act
Explain the distinction between medical malpractice and medical negligence
Medical malpractice refers to the deviation from established professional and ethical standards
by a medical practitioner resulting in delivery of substandard care while Medical Negligence
refers to the wilful ignorance by a medical practitioner of a patients needs and requirements
and subsequent failure to address these needs.
