Clawback Clauses; will yours hold up in Court?
If an associate fails to meet their UDA target and the NHS imposes a Contract Sanction as a result, the Practice will want to ensure that they are protected against any losses. This can be achieved by inserting a clawback clause into the associate agreement, requiring the associate to pay a fixed amount for any unachieved UDAs. However, care must be taken when using clauses of this type....Read More
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Dental Complaints; is there an alternative to litigation?
Although dentists may feel under attack a lot of the time, the risk of litigation is actually reasonably low. Dental complaints can often be dealt with through excellent communication skills and a willingness to listen and respond sensitively to the concerns raised by the patient. Unfortunately, it is not always possible to resolve disputes or complaints by patients internally. This can be the...Read More
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Dental Records – who is entitled to access them?
Our dental clients often contact us with questions regarding who has access to dental records other than the patient. Dental practices will receive requests from family members, other dentists, external organisation such as social services and coroners and sometimes even the police during the course of a criminal investigation. In this article we clear up the confusion over who actually does...Read More
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Treating young people: the age of consent
Can I treat a young person without their parent’s consent? Whilst the Children’s Act of 1989 states that a person legally becomes an adult on their 18th birthday, young adults aged 16 or over are presumed in law to have capacity and are entitled to consent to their own treatment. However, their refusal to accept medical treatment can in some limited circumstances, such as risk of death or of...Read More
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GDC Specialist List; have you made your application?
The GDC specialist list was introduced in the UK in 1998 as a result of developments in European Legislation. European registrants with qualifications in Oral Surgery or Orthodontics gained in a Member State are automatically recognised in any EEA country. This is due to the training standard for these specialisms being regulated by EU law. It is up to individual Member States as to whether...Read More
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6 things you need to know before writing a reference
What is an employee reference? Employee references can contain information regarding an employee’s skills, temperament and ability to undertake the role offered. They can be provided in either a personal capacity, by a colleague or friend, or by an employer on behalf of the company that employed them. The reference can be in writing or given orally; the legal obligations being the same...Read More
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What does consent mean under the GDPR?
Processing personal data is commonly prohibited, unless it is expressly allowed by law or the person whose data it is has consented to it. Since 25 May 2018, a dentist obtaining consent has to record when and how the patient consented to having their personal data used and stored. Remember you do not need consent for treating patients, but you would for certain types of marketing, such as...Read More
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Who “Owns” Patient Consent for Marketing? The Dental Practice or the Associate?
The GDPR and Data Protection Act 2018 have created a new level of protection for patients regarding their personal data and the way that dental practices store and process personal data. However, in this increasingly competitive environment the ability to show case a dentist’s skills is becoming more and more important. Is it possible to balance the patient’s right to privacy against the...Read More
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Dr Bawa-Garba and protecting public confidence
On 13th August 2018 the Court of Appeal handed down its decision in the case of Dr Bawa-Garba v the General Medical Council. The GMC had successfully appealed against the decision of the original Medical Practitioners Tribunal not to erase Dr Bawa-Garba, but to suspend her from practicing for 12 months. The Court of Appeal upheld the original sanction, ruling that erasure was not appropriate...Read More
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NHS turns 70; what does the future hold?
On 5th July 2018 we wished the NHS a happy 70th birthday. However, rather than rejoicing many are concerned at what can be done to save an NHS clearly in trouble. Funding In March 2018 the BDA criticised the increase in NHS dental charges, estimating ‘patients will be contributing a full third of England’s NHS dental budget by 2020’. The increase also meant that 11,000 patients choose to...Read More
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