
Contents
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Legal processes Legal processes
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England, Wales, Scotland, and Northern Ireland England, Wales, Scotland, and Northern Ireland
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Civil law Civil law
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Criminal law Criminal law
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Scotland Scotland
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Civil law Civil law
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Criminal law Criminal law
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Coroner’s Court Coroner’s Court
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Jury service Jury service
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Complaints Complaints
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Stages Stages
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Local resolution Local resolution
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Time limits Time limits
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NHS England/Health Board NHS England/Health Board
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Second stage Second stage
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NHS Ombudsman NHS Ombudsman
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Dental Complaints Service Dental Complaints Service
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Other bodies Other bodies
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‘Disciplinary’ procedures ‘Disciplinary’ procedures
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Complaint by GDP against GDP Complaint by GDP against GDP
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Valid consent Valid consent
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Written consent Written consent
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Verbal consent Verbal consent
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Implied consent Implied consent
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Consent for children Consent for children
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Consent for adults who are not competent to give consent Consent for adults who are not competent to give consent
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Some specific problems Some specific problems
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Contracts Contracts
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Between dentist/provider and commissioner of NHS services Between dentist/provider and commissioner of NHS services
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Between principals/providers and associates/performers, or partners Between principals/providers and associates/performers, or partners
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A binding-out clause A binding-out clause
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Between dentist and staff Between dentist and staff
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Written treatment plans Written treatment plans
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Negligence Negligence
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Criminal negligence Criminal negligence
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Contributory negligence Contributory negligence
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Vicarious liability Vicarious liability
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Time bar Time bar
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The steps involved in a civil action for damages The steps involved in a civil action for damages
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There but for the grace of God go I? There but for the grace of God go I?
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Professional indemnity and defence organizations Professional indemnity and defence organizations
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Dental defence organizations Dental defence organizations
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Indemnity insurance Indemnity insurance
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NHS indemnity NHS indemnity
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Professional standards and ethics Professional standards and ethics
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Advertising Advertising
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The General Dental Council and registration The General Dental Council and registration
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Functions of the GDC Functions of the GDC
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Fitness to practise proceedings Fitness to practise proceedings
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Caseworker/Case Examiner Caseworker/Case Examiner
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Investigating Committee (IC) Investigating Committee (IC)
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Fitness to Practise Committees Fitness to Practise Committees
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The Professional Performance Committee The Professional Performance Committee
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The Health Committee The Health Committee
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The Professional Conduct Committee (PCC) The Professional Conduct Committee (PCC)
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Wise precautions or how to avoid litigation Wise precautions or how to avoid litigation
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▶ When in doubt, contact your defence organization ▶ When in doubt, contact your defence organization
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Advice lines Advice lines
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Forensic dentistry Forensic dentistry
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Identification Identification
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Bite marks Bite marks
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Useful contact information Useful contact information
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Cite
Abstract
This chapter considers the legal and ethical aspects under which we work as dental professionals. In an increasingly litigious society, it is important to be aware of the processes that are involved with complaints and recourse to the law and our Regulator. This chapter briefly outlines the differences and also similarities between those legal processes and those of the General Dental Council. The processes that are involved in fitness to practise are also discussed, and the different types of indemnity are briefly considered. Important changes to the law concerning consent are outlined, and how these might affect how and when treatment is provided to an individual. Some simple ethical principles to consider are outlined, and the reader should perhaps develop these concepts further throughout their careers in dentistry.
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