LAW AND ETHICS SBA's

A patient's parents have brought their child to the dental practice for treatment, but the child insists on receiving the treatment without their parents present. The child is 14 years old and appears to be of sound mind and fully understands the treatment they will receive. The dentist is unsure whether they can proceed with the treatment without parental consent. What legal case should the dentist refer to in this situation?

A) Montgomery v Lanarkshire Health Board 2015

B) Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital 1985

C) Gillick v West Norfolk and Wisbech Area Health Authority 1985

D) Bolam v Friern Hospital Management Committee 1957

C) Gillick v West Norfolk and Wisbech Area Health Authority 1985

Explanation: The case of Gillick v West Norfolk and Wisbech Area Health Authority 1985 established that children under the age of 16 who have the capacity to understand the nature and consequences of a proposed treatment can provide valid consent to that treatment without the need for parental consent. This is known as the Gillick Competence. The dentist should assess the child's capacity to understand the treatment and obtain their consent if they are deemed to be Gillick competent.

A patient presents to a dental practice with a complaint of a botched dental procedure done by their previous dentist. The patient claims that the dentist did not obtain their informed consent before performing the procedure. Which legal case sets the standard for determining whether a healthcare provider's actions constitute negligence in obtaining a patient's informed consent?

A) Montgomery v Lanarkshire Health Board 2015

B) Bolitho v City and Hackney Health Authority 1997

C) Donoghue v Stevenson 1932

D) Bolam v Friern Hospital Management Committee 1957

D) Bolam v Friern Hospital Management Committee 1957

Explanation: In Bolam v Friern Hospital Management Committee, it was established that a doctor is not negligent if their actions are in accordance with a practice accepted as proper by a responsible body of medical professionals skilled in the relevant area. This principle is applied in the context of obtaining informed consent for medical or dental procedures. The court will consider whether the dental practitioner acted in accordance with a responsible body of dental professionals skilled in the relevant area in obtaining the patient's informed consent.

A patient requests access to their dental records but the dental practice is unsure if they should provide full access due to concerns about the confidentiality of other patients' information contained in the same records. Which law can the dental practice rely on to restrict the patient's access?

A. The Human Rights Act 1998

B. The General Data Protection Regulation (GDPR)

C. The Freedom of Information Act 2000

D. The Data Protection Act 2018

D. The Data Protection Act 2018.

Explanation: This allows dental practices to restrict access to personal data if it would involve disclosing information relating to another individual who can be identified from that information. This ensures that patient confidentiality is maintained and the rights of all patients are protected.

Gives individuals the right to access information held by public authorities, including NHS dental practices.

A. The Human Rights Act 1998

B. The General Data Protection Regulation (GDPR)

C. The Freedom of Information Act 2000

D. The Data Protection Act 2018

C. The freedom of information act

On an afternoon clinic in Restorative 3, CLC2 students Harry and Olivia are preparing the surgery and equipment ready for an amalgam restoration on Harrys next patient Mrs Smith. Despite Harry almost missing the bus, he felt his journey to the Dental School left him feeling unprepared and unorganised, but was just thankful he wouldn't recieve a white on LiftUpp for punctuality. In such a rush to avoid running behind, Harry failed to recognise another patients dental radiographs left on the screen from the morning clinic, which disclosed the patients name and date of birth - alongside gross unrestorable caries on the UL6.

A) contrary to the common law duty of confidentiality

B) contrary to the Data Protection Act (1998).

C) contrary to the Disability Discrimination Act (1995)

D) contrary to the principle of Respect for Persons

A) Common law duty of confidentiality