DA 7 LEAGLITIES AND ETHICS Flashcards
Every procedure performed by the _ and _ has _
dentist and auxiliary staff has legal implications
Every decision made or not made can have _
legal implications
Legal relationships exisit between _
dentist,
dentisit personnel
and patients
must be aware of legal responsiblities
Jurisprudence
of laws that regulate the behavior of members of a society.
What are the laws that affect dentistry
Genreal laws
Fall under HPA, CDSBC (college dental surgeon)
How is public protected (law+ethics)
General law
HPA
CDSBC bylaws + code of ethics
Criminal record search
2 CLASSIFICATIONS of law
- civil-disputes between persons(corporate/gov)
2. Criminal -acts of intentional harm against society (insurance fraud)
2 Categories of CIVIL laws
Contract law
Tort Law
Contract Law
A contract is an agreement between 2 parties
can be: written or verbal
Informed Consent
all risks, options, and implications are discussed
written IC-indicates proof if necessary
7 things included in a Written consent
- Patient’s condition +proposed treatment.
- Benefits and alternatives.
- Risks +consequences of treatment
- Other information example: anesthesia type
- Cost estimate ,time
- Patient signature, Dentist signature, witness signature -Dates included
- A copy for patients and patient chart
Informed consent for minors
Only adults can give legal consent
- minors not allowed to legally signcontract /consent ( pay for treatment payment)
- *except in the case of an emergency. **
Implied consent
informed VERBAL and continue treatment
NOT SIGNED papers
Informed Refusal
patient refuse treatment
risks and implication discussed
obtain written refusal +signing for proof
Breach of Contract
patient or dentist does not live expectation specified in contract
Tort Law
civil wrong which compensation( $$)claimed
*Harm must occurred
2 Types of Tort
Intentional
Unintentional
Intentional Tort
confidentiality Breach
procedures w/out consent
defamation (gossip)
Unintentional
faliure to use precautions -patient injured
Negligance/malpractice
3 characteristics of negligence
Action is unintentional,
unplanned
injury results
Malpractice
professional negligence
licensed proffesional fails to provide service per standards–> patient harm
2 types of Malpractice
Act of Omission
Act of commission
Act of ommision
NOT doing something the should have been done
e.g. failure to refer
Act of Commission
Doing Something that should have not been done
e.g. taking out wrong tooth
Criminal Law
deals with acts of intentional harm again us all /puublic
e.g. insuracne fraud
fine ore prison imposed by govt. if convicted
Unbundiling (criminal law)
billing bundled code as seperate
Billing MODB filling as MO, DO,B (charging xtra)
UPCODING ( criminal law)
billing for more expensive procedure
RIght VS duty
Duty- teacher teach objective in class right- student right to attend/not class
Duties of patient
pay agreed fee
cooperate in treatemtn
contributory negligence-patient action affect treatment
duty of dentist
protect/respect patient rights
complete mutually agreed care
charge reasonable fee
Legal Duties of staff
work within the law
protect respect patient rights
provide care directed by dentist + agreed by patient
exercise reasonable care
How to Protect yourself from civil intentional tort
Ask for consent before performing procedure- avoid tech assault
Contributory Negligence
patient refuses to pay $$
dentisit can sue
Ethics
the rules or principles which govern moral conduct.
- Ethics tell us
what we should do
Ethics are influenced by
by our values and beliefs.
- Jurisprudence tells us
what we must do.
mandated behavior
A behavior can be unethical and __
legal=unethical
illegal = not ethical
4 steps of ethical decision making
- Identify alternatives
- Determine implications
- Rank alternatives
- Choose a course of action
What is an ethical dilemma?
right and wrong unclear
2+ ethical principles are opposed.
-every possible action that is taken involves some degree of wrongdoing
Duty to report
staff legally obligated to report actions of dentist
