11/7 + malpractice

Question 1

malpractice refers to what type of law

Answer 1

civil law

professional negligence

Question 2

civil law looks at

Answer 2

contracts and torts (personal injuries)

Question 3

torts can be

Answer 3

intention al - intended assumed

unintentional

Question 4

unintentional tort example

Answer 4

negligence

• failure to exercise that degree of care which a reasonable person would exercise under the same circumstances

Question 5

negligence is

Answer 5

a unintentional tort

failure to exercise that degree of care which a reasonable person would exercise under the same circumstance

malpractice = professional nelgigence

Question 6

malpractice =

Answer 6

professional negligence - the dentist has a duty to the patient to disclose relevant facts about the risks of treatment
- if these risks are not disclosed and a patient suffers on of these risks, the patient may sue the dentist for malpractice

Question 7

place of public accomodation

Answer 7

a lot of doctors work in these places of accomodations

like hotels, your rent property

Question 8

fail to exercise a degree of care which a reasonable person would exercise under the same circumstance filed for

Answer 8

civil tort of negligence

Question 9

elements of negligence / malpractice

Answer 9

duty

breach

causation

harm

ALL FOUR MUST BE FOUND BY THE COURT TO BE GUILTY!

Question 10

duty is established if

Answer 10

you are the doctor of a patient on record

like patient asks for supina – court order to direct release of record
- give record to the court

Question 11

harm

Answer 11

physical harm

CANNOT BE EMOTIONAL

Question 12

what type of harm with negligence / malpractice

Answer 12

has to be physical
- doesnt have to kill

usually physical harm results in financial burden

intervention or lack there of that caused

Question 13

breach

Answer 13

component of the negligence / malpractice

break some type of responsibility - was not fulfilled

important to find out –did that failure DIRECTLY cause the harm??

Question 14

causation

Answer 14

component of the negligence / malpractice requires proximate cause

has to be a direct relationship between the harm and cause

did the dotor break a responsibility that directly caused a physical harm?

Question 15

which are easy / hard to find in court with malpractice

Answer 15

easy – duty and

harder - causation

Question 16

what do experts testify to?

Answer 16

to the standard of care

what it is witin this case and talk about liklihood that this caused the physical harm to the patietn

standard of care and causation discussed

Question 17

in order to determine malpractice in terms of duty?

Answer 17

the duty to treat has been broken which has proximately caused a physical harm to the patient

Question 18

standard of care

Answer 18

reasonable and accepted treatment options

clinical guidelines

Question 19

court standard

Answer 19

reasonable person / doctor standard
- what would a reasobable doctor done in this same situation

national – now on a national standard

Question 20

best ways to generally avoid malpractice

Answer 20

1. obtain informed consent – like explain to them so that they understand
2. provide them with the standard of care

critical to charting — demonstrate that providing standard of care

Question 21

informed refusal

Answer 21

a fully informed, competent patient refuses the recommende tretment or any treatment at all

Question 22

elements of informed consent

Answer 22

informed

voluntary

understanding

Question 23

place of public accomodatino

Answer 23

invites people to come
any type of business entity that invites people in

welcome and invite to come in

Question 24

what does there have to be for negligence / malpractice

Answer 24

place of public accomodation – like that of a dental office

Question 25

who could be sued for negligence

Answer 25

any person who runs a place of public accomodation

Question 26

sued for ?

Answer 26

malpractice – under negligence – but because have a license

Question 27

proximate cause??

determined by

Answer 27

direct causal link between what the doctor did or didn’t do that resulted in the harm

rely on expert witnesses
- testify on the standard of care

Question 28

standard of care

Answer 28

is the degree of skill or care practiced by a reasonbable professional practicing in the same field

the standard of care pertains to what reasonably prudent dentist would have done under similar circumstances

Question 29

standard of care usually come out on

Answer 29

clinical guidelines and reasonable and accepted treatment options

Question 30

why update medical everytime

Answer 30

may change the tx that day

Question 31

legal standard of care

Answer 31

standard of care is a legal term denoting the level of conduct a physician or healthcare provider must meet in treating a patient so as nont to be guilty of negligence, usually called malpractice

the standard is defined by what a reasonably prudent healthcare provider would do in the same or similar circumstances

Question 32

ethical standard of care

Answer 32

the conscientious application of up-to date knowledge, competent skill, and reasoned judgement in the best interest of the patient, honoring the autonomy of the patient

• keep up with the always changing field of medicine, CE’s and literature

Question 33

a bad result outside the standard of care?

Answer 33

no – providing that the patient has received the minimum level of care to which he/she is entitled

this includes proper referral to another dentist when the level of care which the patient is entitled is beyond the dentists capability

Question 34

intention in malpractice cases

Answer 34

not looked at like the torts = intentional

this could be unintentional but harm could still occur - looks more at if harm occured, was there a follow up
what did or didnt happen??

Question 35

intention in malpractice cases

Answer 35

these are UNINTENTIONAL

not looked at like the torts = intentional

this could be unintentional but harm could still occur - looks more at if harm occured, was there a follow up
what did or didnt happen??