MJDF Law Ethics and Professionalism 2

Question 1

What is the duty of candour in dental practice, and what does it require when a patient safety incident occurs?

Accepted Answer

The professional duty of candour (GDC) and statutory duty of candour (CQC Regulation 20) require dental professionals to be open and honest with patients when something goes wrong with their treatment, to apologise (apology is not an admission of liability under the Compensation Act 2006), explain what happened, offer appropriate remedy, and support the patient

Answer

Dental professionals have no obligation to inform patients about errors

Answer

Candour only applies to hospital-based dental treatment

Answer

The duty of candour prevents dental professionals from apologising as it may be used against them in court

Question 2

What are the legal requirements for dental record keeping in the UK?

Accepted Answer

Records must be contemporaneous, accurate, legible, and comprehensive, including patient identification, medical history, clinical findings, diagnosis, treatment plan (with consent discussion), treatment provided, materials used, prescriptions, radiographs taken with justification, and any complications; they must be retained for a minimum of 10 years (adults) or until the patient's 25th birthday (whichever is longer for children)

Answer

Records only need to contain the patient's name and treatment provided

Answer

Records are optional if the patient is a regular attendee

Answer

Digital records do not need to meet any specific standard

Question 3

What is the difference between negligence and an adverse outcome in dental treatment, and what must a patient prove to succeed in a negligence claim?

Accepted Answer

Negligence requires proof that the practitioner owed a duty of care (exists for all patients), breached the standard of care (the 'Bolam test' — fell below the standard of a reasonably competent practitioner, modified by the 'Bolitho test'), and this breach caused the patient's harm (causation); an adverse outcome alone does not constitute negligence if the treatment met the required standard

Answer

Every adverse outcome constitutes negligence

Answer

Negligence can only be proven if the dentist intended to cause harm

Answer

Patients cannot bring negligence claims against dental professionals

Question 4

What is the dental professional's responsibility regarding safeguarding children and vulnerable adults?

Accepted Answer

All dental professionals have a legal and professional duty to recognise signs of abuse or neglect (physical, emotional, sexual, neglect, domestic violence), report concerns to the local safeguarding team, follow the practice's safeguarding policy, maintain safeguarding training, and document any concerns; failure to act on safeguarding concerns may constitute a fitness to practise issue

Answer

Safeguarding is not the responsibility of dental professionals

Answer

Only dentists (not dental nurses or hygienists) have safeguarding responsibilities

Answer

Safeguarding concerns should only be reported if there is definitive proof of abuse

Question 5

What are the CQC (Care Quality Commission) fundamental standards that dental practices in England must meet?

Accepted Answer

CQC regulates all dental practices providing NHS or private treatment in England against fundamental standards including: safe care and treatment (Regulation 12), good governance (Regulation 17), safeguarding (Regulation 13), staffing (Regulation 18), complaints (Regulation 16), consent (Regulation 11), and duty of candour (Regulation 20); practices are rated Outstanding, Good, Requires Improvement, or Inadequate

Answer

CQC only inspects hospitals, not dental practices

Answer

CQC registration is voluntary for dental practices

Answer

CQC only checks financial records of dental practices

Question 6

What ethical framework should a dental professional use when faced with a conflict between patient autonomy and beneficence?

Accepted Answer

Apply the four principles of biomedical ethics (Beauchamp and Childress): autonomy (respect the patient's right to make informed decisions), beneficence (act in the patient's best interest), non-maleficence (do no harm), and justice (fair distribution of resources); in most cases, a competent adult's autonomous decision should be respected even if it conflicts with what the clinician considers clinically optimal

Answer

Always override the patient's wishes and do what the dentist thinks is best

Answer

Patient autonomy is always overridden by clinical judgement

Answer

There is no ethical framework applicable to dental practice