Dentistry and the Law Flashcards
Abandonment
withdrawing a patient from treatment without giving reasonable notice/ providing competent replacement
Administrative Law
Category of law that involves regulations established by government agencies
Board of Dentistry
State agency that adopted rules and regulations and implements the specific States Dental Practice Act
Child Abuse
Any act that endangers or impairs a child’s physical or emotional health or development
Civil Law
Category of law that deals with relations of individuals, corporations, or other organizations
Contract Law
category of law that involves an agreement for services in exchange for payment (contract)
Criminal Law
Category of law that involves violations against the state or government
Dental Auxiliary
Assistants, Hygienists, Lab Tech
Direct Supervision
Level of supervision in which the dentist is physically present when the dental auxiliary performs delegated functions
Due Care
Just, Proper, and Sufficient care (absence of negligence)
Elder Abuse
includes physical or sexual abuse, financial exploitation, emotional confinement, passive neglect, or willful deprivation of an elderly person
Expanded Functions
specific intraoral functions delegated to an auxiliary that recquire increased skill and training
Expressed Contract
A contract established through written or verbal words
Felony
A major crime, such as fraud or drug abuse resulting in imprisonment
General supervision
Level of supervision in which the dental auxiliary performs delegated functions according to the instructions of the dentist, who is not necessarily physically present
HIPAA
The Health Insurance Portability and Accountability Act of 1996, specifies federal regulations ensuring privacy regarding a patients health care information
Implied Consent
Patients actions indicated consent for treatment
Implied Contract
Contract established by actions not words
Informed consent
Permission granted by the patient after they are informed about details of the procedure
Infraction
Minor offense; usually results in fine
Licensure
License to practice in specific state
Malpractice
Professional negligence
Mandated reporters
designated professionals who are recruited by law to report known or suspected child abuse
Misdemeanor
Offense that may result in imprisonment of 6months to a year
Patient of Record
Individual who has been examined and diagnosed by dentist and had treatment planned
Reciprocity
system that allows individuals in one state to obtain a license in another state without retesting
Red Gestae
Latin for “Things Done”. Statements made by a person present at the time of an alleged negligent act that are admissible as evidence in a court of law
Respondeat Superior
Latin for “Let The Master Answer”. Legal Doctrine that holds employer liable for acts of employee.
Spousal Abuse
Domestic violence intentionally inflicted by a family member or members
Standard of Care
Level of knowledge, skill, and care comparable with that of other dentists who are treating similar patients under similar conditions
State Dental Practice Act
Document of law that specifies legal requirements for practicing dentistry in a particular state
Statutory Law
Law enacted by legislation through US Congress, state Legislature, or local legislature bodies
Tort Law
(Civil Wrong) involving an act that brings harm to a person or property
Written Consent
Consent that involves a written explanation of diagnostic findings, prescribed treatment, and reasonable expectations about treatment results
