CLAIM EYE TEST ERROR


BACKGROUND MR W is a 48-year-old lorry driver and attends his GP, Dr B, for a medical test. He is required by the DVLA to undergo regular health checks in order to retain his HGV licence. As part of the consultation, Dr B carries out a visual acuity test, measured on the Snellen scale. She records a score of 6/9 in each eye (uncorrected) on Mr W’s DVLA form and concludes the consultation with no further advice. Five weeks later, the practice receives a


letter from solicitors acting on behalf of Mr W stating that the visual acuity scores provided by Dr B did not meet the minimum standards set by the DVLA, causing his HGV licence to be revoked and leaving him unable to work. It explains that Mr W had his vision tested at a high street optician,


but this time while wearing glasses. The subsequent score did meet the DVLA standards and he successfully reapplied for his licence. They accuse Dr B of not fully explaining


the consequences of the patient’s test scores and hold her responsible for his loss of income during the period his licence was revoked.


ANALYSIS/OUTCOME Dr B contacts MDDUS for assistance and admits that she may not have carried out the test correctly. In discussion with a medical adviser, she explains that she conducted the test in a dark room and accepts she should have advised the patient to wear his glasses to ensure he met the minimum standard, as per DVLA guidance.


She also accepts that she should have explicitly advised the patient regarding his sub-standard test results before concluding the consultation. In agreement with Dr B, MDDUS settles


the case by paying a small sum of compensation for Mr W’s lost earnings.


KEY POINTS ●Be mindful of the practical consequences of patient health test results. ●Ensure the consequences of results are fully explained, particularly in regard to potentially negative impacts.


GDC


REGISTERED WITH CONDITIONS


BACKGROUND A practice contacts MDDUS seeking advice in regard to the employment of a dental associate. Having conducted interviews, the practice principal has identified a suitable candidate – Dr T – but he is currently “registered with conditions” by the GDC. The principal wants to know what obligations, if any, she has to inform patients or other members of staff about the nature of those conditions.


ANALYSIS/OUTCOME A dental adviser replies to the query pointing out that the GDC conditions imposed on the registrant stipulate that they must inform a current or potential employer and provide a copy of those conditions. Should the practice decide to employ that


dentist and a patient were to ask about the conditions, it would be a matter of simply referring them to the GDC website to access the details, which will be in the public domain. The practice should supply the dentist’s GDC registration number if requested (all advertising material about the practice must comply with GDC guidance including the availability of GDC registration numbers). Other staff are free to access details regarding the new associate on the GDC website, but any conditions should not be


considered a matter of concern unless they have a direct impact on day-to-day practice management (e.g. if there is a chaperoning condition). Should the conditions involve a health


concern, details will not be disclosed on the GDC website, as such matters are kept confidential. Patients and staff are only entitled access to information in the public domain and any private health matters should be kept confidential, as registrants have a legal right to a private life. A practice principal should be able to ask about a relevant health issue and be given an open and honest answer. However, that should be with the understanding that such information is kept confidential.


KEY POINTS ● Any “conditions” on dental registration are in the public domain and displayed on the GDC website. ●Details of health conditions are not subject to public disclosure. ●Patients are free to consult such conditions and the practice should display GDC registration numbers on the surgery website.


MDDUS INSIGHT / 17


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