Dentistry Law Chapt 5

Question 1

Tort law

Answer 1

A civil wrong. Can be intentional or unintentional. (Act of omission: not doing something that should have been done, and act of commission: doing something that should not have been done)

Question 2

Expressed Contract vs Implied Contract

Answer 2

Expressed: established through written word of a verbal agreement

Implied: established by actions not words.

Question 3

Licensure

Answer 3

Having s license to practice in a specific state abiding those state laws. Dentists and dental hygienists must be licensed in the state they practice.

Question 4

Reciprocity

Answer 4

Agreement between two or more states that allows a dentist or hygienist who is licensed in one state to receive a license to practice in any other state in the reciprocity agreement

Question 5

Respondeat Superior (let the master answer)

Answer 5

Employer is responsible for any harm caused by the actions of the employee while the employee is carrying out the business of the employer ( patient may sue the dentist for a mistake made by dental assistant )

Question 6

Direct supervision

Answer 6

The dentist has a delegated a specific procedure to perform for a patient of record by a legally qualified dental auxiliary. Dentist must examine patient before delegating the procedure and after.

Question 7

Statutory Law

Answer 7

Consists of two types: criminal law and civil law

Question 8

General Supervision

Answer 8

Dentist authorized and delegated specific procedures that may be performed by a dental auxiliary

Question 9

Abandonment

Answer 9

Discontinuation of care after treatment has begun, but before it has been completed

Question 10

4 D’s for malpractice lawsuit

Answer 10

Duty: a dentist-patient relationship must exist to establish the duty

Derelict: negligence occurred because the standard of care was not met

Direct cause: the negligent act was the direct cause of the injury

Damages: pain and suffering, loss of income and medical bills are included in damages

Question 11

Res ipsa loquitur

Answer 11

The act speaks for itself, evidence is clear

Question 12

Defenses against malpractice

Answer 12

1. Excellent communication
2. Maintaining accurate and complete records
3. Recording informed consent
4. Doing everything possible to maintain the highest standards of clinical excellence

Question 13

Implied Consent vs Written Consent

Answer 13

Implied is when the patient agrees to treatment, or does not object to treatment

Written is the preferred means of obtaining and documenting the patients consent to and understanding of the procedure

Question 14

Why should broken appointments be noted in the patients chart?

Answer 14

“Contributory negligence” on the part of the Patient. Lack of attention/action can negatively affect the treatment outcome