Ethics, Professional Conduct and Complaints (Medical Malpractice)
This domain covers the KMPDC code of professional conduct, patient confidentiality, boundaries, honesty, advertising, conflicts of interest, complaints handling and the elements of malpractice. The exam tests whether you can separate ethical breach, professional misconduct and civil negligence.
Ethical and disciplinary framework
- Put patient welfare first and maintain confidentiality, including after death, subject to lawful exceptions.
- Practise only within competence and refer when necessary.
- Maintain professional boundaries and avoid exploitative relationships.
- Be honest in reports, fees, qualifications and advertising; do not tout or make misleading claims.
- Complaints may be screened, investigated and referred to a disciplinary hearing. Sanctions can include caution, conditions, suspension or removal from the register.
Malpractice and negligence
A civil negligence claim generally requires a duty of care, a breach of the standard of a reasonably competent dentist, causation and damage. Professional misconduct is broader: it can arise even without patient harm. An apology or adverse outcome alone does not prove negligence.
Worked example
A dentist extracts the wrong tooth. There was a duty to identify the correct tooth, a breach because the records and radiograph were not checked, causation because the wrong tooth was removed, and damage in the form of harm and corrective costs. The patient may complain to KMPDC, pursue civil damages, or both. The dentist should document the event honestly, disclose the error, manage the patient's needs and cooperate with the investigation. The reasoning is that the same facts can support both a professional complaint and a negligence claim, but the tests and outcomes differ.
Traps that cost marks
- Believing confidentiality ends at the patient's death.
- Equating an adverse outcome with malpractice.
- Assuming negligence requires bad intent.
- Altering or destroying records after an incident.
- Discussing a patient's case publicly or on social media.