ORE Part 2 Dental Law & Ethics (GDC) 3 — Questions and Answers
Question 1: What is an 'NHS Band 3' dental treatment course in England?
- The most complex NHS band, including crowns, dentures, bridges, and complex treatments (Correct answer)
- Basic examinations only
- Fillings and X-rays
- Emergency treatment only
Correct answer: The most complex NHS band, including crowns, dentures, bridges, and complex treatments
NHS Band 3 covers the most complex treatments including crowns, inlays, bridges, dentures, and root canal therapy, attracting the highest patient charge and UDA allocation.
Question 2: What is the purpose of the NHS Dental Contract (2006) Unit of Dental Activity (UDA) system?
- Measure and remunerate dental practices based on the volume and complexity of NHS treatment delivered (Correct answer)
- Measure patient satisfaction
- Assess clinical quality of individual treatments
- Calculate NHS staff salaries
Correct answer: Measure and remunerate dental practices based on the volume and complexity of NHS treatment delivered
The UDA system allocates points (1, 3, or 12) to treatment bands, with practices contracted to deliver a specified number of UDAs per year; remuneration is based on UDA delivery against contract.
Question 3: What is the legal definition of 'consent' in UK healthcare law?
- A voluntary, informed decision by a capacitated adult to accept or refuse treatment (Correct answer)
- A signed form only
- Verbal agreement with no information requirement
- Any decision made by a patient
Correct answer: A voluntary, informed decision by a capacitated adult to accept or refuse treatment
Valid consent requires that the patient has capacity, is given sufficient information, and makes a voluntary decision free from coercion; it can be verbal, written, or implied, but all three elements must be present.
Question 4: Under the Mental Capacity Act 2005, who should make decisions for a patient who lacks capacity?
- A decision-maker acting in the patient's best interests, consulting those close to the patient (Correct answer)
- The practice principal
- The most senior dental nurse
- The patient's GP alone
Correct answer: A decision-maker acting in the patient's best interests, consulting those close to the patient
When a patient lacks capacity, decisions must be made in their best interests by the treating clinician, in consultation with those close to the patient, and following the principles of the MCA 2005.
Question 5: What is the significance of the Bolam test in UK dental negligence cases?
- A dentist is not negligent if they act in accordance with a responsible body of dental opinion (Correct answer)
- It sets the standard for consent disclosure
- It defines fitness to practise
- It applies only to specialist practice
Correct answer: A dentist is not negligent if they act in accordance with a responsible body of dental opinion
The Bolam test (Bolam v Friern Hospital Management Committee, 1957) establishes that a clinician is not negligent if their conduct is consistent with the practice of a responsible body of their peers, though this no longer applies to consent (see Montgomery).
Question 6: What is the recommended approach when a patient complains about their NHS dental treatment?
- Acknowledge the complaint promptly, investigate thoroughly, respond in writing within 40 working days, offer a remedy (Correct answer)
- Deny all liability immediately
- Refer to GDC without investigating
- Ignore if the complaint is informal
Correct answer: Acknowledge the complaint promptly, investigate thoroughly, respond in writing within 40 working days, offer a remedy
NHS complaints procedures require acknowledgement within 3 working days, a thorough investigation, and a written response within 40 working days, with an apology and remedy where appropriate.
ORE Part 2 Dental Law & Ethics (GDC) 3
What is an 'NHS Band 3' dental treatment course in England?