what is negligence
the omission to to do something which a reasonable practitioner would do; or, doing something which a reasonable practitioner would not do
what are the causes of complaint
what is gross negligence
negligence that is so bad it is criminal
what is the treatment standard
how does a defence exist against a claim of negligence
if the dentist has acted in accordance with a practice accepted as proper by a responsible body of dental practitioners skilled in that particular art
what are the 4 conditions required in terms of balance of probability of clinical negligence
1 - dentist owed a duty of care
2 - duty of care was breached (standard of care)
3 - that breach caused or materially contributed to damage (causation)
4 - damage was reasonable foreseeable and had negative consequences and effects
what is balance of probability
how likely/unlikely it is that the dentist will cause fault
what do claimants mainly want
an admission of fault from the practitioner
what should a defendant not do
how is harm negligent
harm is negligent if it results from dental treatment if the dentists practice fails to meet standard of ordinary care