Neel Kothari draws on previous cases of dental professionals breaching NHS regulations to determine if associates are being fairly governed.
Imagine being asked to abide by rules that no one can explain the meaning of or prove they even exist. Sounds unfair, right? Well, this is what I think is happening every time the General Dental Council (GDC) accuses associate dentists of dishonesty for breaching NHS rules and regulations.
Let me explain. To determine dishonesty, the GDC must first subjectively assess what the registrant knew or believed as to the facts and whether their conduct was dishonest by the standards of ordinary decent people (as set out by Lord Hughes in Ivey versus Genting Casinos).
But the regulations themselves range from vague to confusing, making many things unclear. For example, consider this question: are ceramic crowns available on posterior teeth? Whatever your view, there is no denying that not all dentists think the same, nor is there an authoritative source for anyone to easily check, making it impossible to prove either way.
Can the GDC fairly determine dishonesty?
Sign in to continue reading
Free access to our premium content:
- Clinical content
- In-depth analysis
- Features, reports, videos and more
By joining, you’re helping to support independent, quality journalism that keeps dental professionals informed and empowered – and allowing us to keep delivering the insights you value most.
