DA 7 LEAGLITIES AND ETHICS

Question 1

Every procedure performed by the _ and _ has _

Answer 1

dentist and auxiliary staff has legal implications

Question 2

Every decision made or not made can have _

Answer 2

legal implications

Question 3

Legal relationships exisit between _

Answer 3

dentist,
dentisit personnel
and patients
must be aware of legal responsiblities

Question 4

Jurisprudence

Answer 4

of laws that regulate the behavior of members of a society.

Question 5

What are the laws that affect dentistry

Answer 5

Genreal laws

Fall under HPA, CDSBC (college dental surgeon)

Question 6

How is public protected (law+ethics)

Answer 6

General law
HPA
CDSBC bylaws + code of ethics
Criminal record search

Question 7

2 CLASSIFICATIONS of law

Answer 7

1. civil-disputes between persons(corporate/gov)

2. Criminal -acts of intentional harm against society (insurance fraud)

Question 8

2 Categories of CIVIL laws

Answer 8

Contract law

Tort Law

Question 9

Contract Law

Answer 9

A contract is an agreement between 2 parties

can be: written or verbal

Question 10

Informed Consent

Answer 10

all risks, options, and implications are discussed

written IC-indicates proof if necessary

Question 11

7 things included in a Written consent

Answer 11

1. Patient’s condition +proposed treatment.
2. Benefits and alternatives.
3. Risks +consequences of treatment
4. Other information example: anesthesia type
5. Cost estimate ,time
6. Patient signature, Dentist signature, witness signature -Dates included
7. A copy for patients and patient chart

Question 12

Informed consent for minors

Answer 12

Only adults can give legal consent

• minors not allowed to legally signcontract /consent ( pay for treatment payment)
• *except in the case of an emergency. **

Question 13

Implied consent

Answer 13

informed VERBAL and continue treatment

NOT SIGNED papers

Question 14

Informed Refusal

Answer 14

patient refuse treatment
risks and implication discussed
obtain written refusal +signing for proof

Question 15

Breach of Contract

Answer 15

patient or dentist does not live expectation specified in contract

Question 16

Tort Law

Answer 16

civil wrong which compensation( $$)claimed

*Harm must occurred

Question 17

2 Types of Tort

Answer 17

Intentional

Unintentional

Question 18

Intentional Tort

Answer 18

confidentiality Breach
procedures w/out consent
defamation (gossip)

Question 19

Unintentional

Answer 19

faliure to use precautions -patient injured

Negligance/malpractice

Question 20

3 characteristics of negligence

Answer 20

Action is unintentional,
unplanned
injury results

Question 21

Malpractice

Answer 21

professional negligence

licensed proffesional fails to provide service per standards–> patient harm

Question 22

2 types of Malpractice

Answer 22

Act of Omission

Act of commission

Question 23

Act of ommision

Answer 23

NOT doing something the should have been done

e.g. failure to refer

Question 24

Act of Commission

Answer 24

Doing Something that should have not been done

e.g. taking out wrong tooth

Question 25

Criminal Law

Answer 25

deals with acts of intentional harm again us all /puublic e.g. insuracne fraud fine ore prison imposed by govt. if convicted

Question 26

Unbundiling (criminal law)

Answer 26

billing bundled code as seperate | Billing MODB filling as MO, DO,B (charging xtra)

Question 27

UPCODING ( criminal law)

Answer 27

billing for more expensive procedure

Question 28

RIght VS duty

Answer 28

``` Duty- teacher teach objective in class right- student right to attend/not class ```

Question 29

Duties of patient

Answer 29

pay agreed fee cooperate in treatemtn contributory negligence-patient action affect treatment

Question 30

duty of dentist

Answer 30

protect/respect patient rights complete mutually agreed care charge reasonable fee

Question 31

Legal Duties of staff

Answer 31

work within the law protect respect patient rights provide care directed by dentist + agreed by patient exercise reasonable care

Question 32

How to Protect yourself from civil intentional tort

Answer 32

Ask for consent before performing procedure- avoid tech assault

Question 33

Contributory Negligence

Answer 33

patient refuses to pay $$ | dentisit can sue

Question 34

Ethics

Answer 34

the rules or principles which govern moral conduct.

Question 35

2. Ethics tell us

Answer 35

what we should do

Question 36

Ethics are influenced by

Answer 36

by our values and beliefs.

Question 37

4. Jurisprudence tells us

Answer 37

what we must do. | mandated behavior

Question 38

A behavior can be unethical and __

Answer 38

legal=unethical | illegal = not ethical

Question 39

4 steps of ethical decision making

Answer 39

1. Identify alternatives 2. Determine implications 3. Rank alternatives 4. Choose a course of action

Question 40

What is an ethical dilemma?

Answer 40

right and wrong unclear 2+ ethical principles are opposed. -every possible action that is taken involves some degree of wrongdoing

Question 41

Duty to report

Answer 41

staff legally obligated to report actions of dentist