Chapter 5 : Dentistry and the Law Flashcards
Statutory Law
legally and documented written laws
The two statutory laws
Civil law
criminal law
criminal law
Crime against society
civil law
crime against individual
Criminal law seeks to punish the _______
civil law seeks to compensate __________
offender
victim
Reciprocity
agreement between two or more states/provinces that allows a dentist or hygienist to practice in any other states/provinces
Respondeat superior
“let the master answer”
The employer is responsible for any harm caused by the actions of the employee
Duty of care
Provide care to, and promote the well-being of, all members of society;
a concept of general boundaries within which a dentist must perform in a given situation ;
promote fair and reasonable access to quality oral health care without prejudice or discrimination
Abandonment
Discontinuation of care after treatment has begun, but before it has been completed.
the dentist may be liable for abandonment if the dentist ends the dentist-patient relationship without giving the patient reasonable and written notice.
Due care
Proper and sufficient care
absence of neglience
malpractice
professional negligence, failure to provide due care
The four D’s of malpractice
Duty
(patient-dentist relationship exists)
Derelict
(negligence)
Direct Cause
(direct cause of harm or injury)
Damages
(pain, suffering, loss of income)
Act of omission
failure to perform an act that a reasonable and prudent professional WOULD perform.
NOT doing something that should have been done.
act of commission
Performance of an act that a reasonable and prudent professional would NOT perform.
an act that should not have been done
Res ispa loquitur
” the act that speaks for it self”
When the evidence is clear
Major areas of risk management
- Excellent communication with patients
- Maintaining accurate and complete records
- Receiving informed consent
- maintaining highest standard of clinical excellence
Legal problems with patients are best avoided by :
- maintaining good rapport
- excellent communication with all patients
res gestae
“things done”
statements made by anyone during a negligent act that can be used as evidence in the court of law
implied consent
consent that is understood
patients give implied consent at least for the dental examination
Guidelines for informed consent
- nature of the proposed treatment (cost, healing time)
- Benefit of treatment as well as the consequences of not having treatment
- common, severe risks associated with proposed treatment
- alternatives to the proposed treatment, including risks and benefits of each alternative.
a patient who has an unusual or complex condition will be referred to a ____
a specialist with that expertise
What is not included in the patient CHART
financial information
Who owns the patient’s records and radiographs
The dentist
can dentists report suspected abuse
yes
