DENTISTS AND EVIDENCE

Question 1

sanctioned by the Rules of Court, of ascertaining
in a judicial proceeding, the truth respecting a matter of fact

evidence should be admitted and what should be excluded in
each case and what is the weight to be given to the evidence
admitted

Answer 1

EVIDENCE

Question 2

tends to establish a fact by proving another fact; not considered conclusive itself, but can be connected to a
matter of fact

no solid proof regarding a fact

Example: hearsay, rumors, testimony

Answer 2

Circumstantial Evidence

Question 3

not excluded by law as tending to prove a fact in issue

Anything that can prove a matter of fact

Answer 3

Competent Evidence

Question 4

The law does not permit this evidence to be contradicted

hard to contradict/disprove

Answer 4

Conclusive Evidence

Question 5

Additional evidence of a different character to the
same point
 An evidence which supports and confirms

Answer 5

Corroborative Evidence

Question 6

Additional evidence of the same character to the same
point
 Example: two different blood tests show paternity
match

Answer 6

Cumulative Evidence

Question 7

Proves a fact without and interference or presumption
and which in itself, if true, establishes that fact
 Anything that directly proves a matter of fact

Answer 7

Direct Evidence

Question 8

Testimony given by an expert witness on a matter
requiring special skill, knowledge, training, or experience
which he is shown to posses

Answer 8

Expert Evidence

Question 9

Not directed to prove a fact in issue as determined by the
rules of substantive law and of pleadings
 Example: hearsay

Answer 9

Immaterial Evidence

Question 10

Irrelevant to the issue or which is excluded by the rules of
evidence
 Example: evidence taken in violation of the Bill of Rights

Answer 10

Inadmissible Evidence

Question 11

Excluded by law either on ground of its immateriality,
irrelevancy, want of credibility, or for any other reason
 Example: a testimony that contains hearsay or
information outside of the expert’s field

Answer 11

Incompetent Evidence

Question 12

No tendency in reason to establish the probability or
improbability of a fact in question
 Not related to the matter of fact
 Any evidence not proving a fact; “out of the blue”

Answer 12

Irrelevant Evidence

Question 13

Directed to prove a fact in issue

Answer 13

Material Evidence

Question 14

Proves a particular fact until contradicted and overcome
by other evidence
 Not conclusive until proven/disproven

Answer 14

Prima Facie Evidence

Question 15

Directly addressed to the court’s senses as would
materially aid the judge to arrive at a proper conclusion as
to the truth respecting a matter of fact
 A.k.a. visual evidence/object evidence

Answer 15

Real Evidence

Question 16

 Having any value in reason as may tend to establish the
probability or improbability of a fact in question

Answer 16

Relevant Evidence

Question 17

Is any written or oral statement or declaration of a person
respecting a matter of fact sought to be proven

Answer 17

Testimonial Evidence

Question 18

Consist of writing or any material containing letters,
words, numbers, figures, symbols, or other modes of
written expression offered as proof of their contents

Answer 18

Documentary Evidence

Question 19

a deduction which the law
expressly directs to be made from particular facts

Answer 19

PRESUMPTION OF LAW

Question 20

• presumption of law that is
  legally satisfactory and may not be contradicted and
  overcome by proof to the contrary; facts coming from
  conclusive evidences

Answer 20

Conclusive Presumption

Question 21

presumption of law that is
satisfactory if uncontradicted but may be overcome by
other evidence; Prima Facie
presumption/evidences

Answer 21

Disputable Presumption

Question 22

 a deduction which reason draws from the facts proven without
an expressed direction of law to that effect
 Facts that needs to be proven to become an evidence

Answer 22

PRESUMPTION OF FACT

Question 23

means that the original of a document or
writing is the best evidence of such document or writing and must
be produced unless the original is lost, destroyed, unavailable, or
otherwise unobtainable

Answer 23

Best Evidence Rule

Question 24

substitutionary evidence which becomes
admissible, when the best evidence or original document is lost, or
destroyed, or cannot be produced in court, or is in the custody of
the adverse party

Answer 24

Secondary Evidence

Question 25

means that parole or oral evidence of
prior or contemporaneous agreements is not admissible to modify,
or contradict the written agreement; everything not found in the
written agreement is not true

Answer 25

Parole Evidence Rule

Question 26

a witness can testify only to those facts which he
knows of his personal knowledge, which are derived from his own
perception, except as otherwise provided in the Rules of Court;
hearsay has no value

Answer 26

Hearsay Rule

Question 27

 The first exception of the hearsay rule
 The declaration of a dying person, made under the
consciousness of an impending death
 His death is the subject of inquiry

Answer 27

Dying Declaration

Question 28

the source of all information regarding confinement and
treatment in a hospital or management in a dental clinic

Answer 28

PATIENT’S CLINICAL RECORD

Question 29

Includes:
 Patient’s dental history
 Results of examinations
 Records of treatment
 Copies of laboratory reports
 Notations of all instructions given
 Copies of all prescription and notes
 Documents of informed consent when applicable
 Any other pertinent data

Answer 29

PATIENT’S CLINICAL RECORD

Question 30

Reasons/Goals of patient’s clinical record

Answer 30

 To provide the best dental care
 To supply statistical information
 To provide legal protection

Question 31

 Draw a line through the error
 Insert the correction above or immediately following
 In the margin, write “correction” or “Corr.”, your initials, and
the date.

Answer 31

Correcting a Handwritten Entry on Patient’s Clinical Record

Question 32

Except as otherwise provided by law, witnesses are all persons
who can perceive, and perceiving, can make their known
perception to others, may be witnesses
 Religious or political belief, interest in the outcome of the case,
or conviction of a crime unless otherwise provided by law, shall
not be ground of disqualification

Answer 32

WITNESSES

Question 33

testifies on matters that came to his
knowledge through his own senses and testifies on facts

Answer 33

ORDINARY WITNESS

Question 34

gives testimony on matters he knows a lot
about; can give an opinion on matters that he has plenty of
experience about

Answer 34

Expert Witness

Question 35

EXPERT TESTIMONY
 The opinion of a witness on a matter requiring:

Answer 35

 Special knowledge
 Skill
 Experience or training which he is shown to possess

Question 36

 The dentist rendering expert testimony in cases of litigations
shall limit comments to the case brought forth and avoid
undue criticism to defame or discredit the other
 Generally relied upon in malpractice suits

Answer 36

EXPERT TESTIMONY

Question 37

 the guiding principle is “helpfulness to the court”
 The only true criterion is: “can a court receive from him
appreciable help?”

Answer 37

Qualifying a Witness as an Expert

Question 38

To qualify an expert:
 Personal circumstances, then:

Answer 38

 Academic background of the subject
 His experience, professional standing, and training on
the said line
 The relative objectivity of his views
 Degree of concordance of his views with the facts proven
*it is not proper to include assumptions not supported by
evidence

Question 39

“the thing speaks for itself”

Answer 39

res Ipsa loquitur

Question 40

injury itself provides the proof of negligence

Answer 40

res Ipsa loquitur

Question 41

 Necessity of expert testimony applies only to such matters
clearly within the domain of medical science, and not to
matters that are within thee common knowledge of mankind
 No need for an expert testimony in cases of res ipsa loquitur

Answer 41

When Expert Testimony Dispensed with in Malpractice Suits:

Question 42

A person authorized to practice medicine, surgery, or
obstetrics cannot, in a civil case, without the consent of
the patient, be examined as to any advise or treatment given
by him or any information which he may have acquire in
attending such patient in a professional capacity, which
information was necessary to enable him to act in that
capacity, and which would blacken the reputation of the
patient

Answer 42

PRIVILEGED COMMUNICATION

Question 43

 Statements of the patient which are not necessary for his treatment, like, as to who injured him or why he was
assaulted, are not included in the privilege
 This privilege can be claimed in civil cases only; it cannot be invoked in a criminal case because the privilege cannot
be used as a shield in the prosecution of crimes
 Basically equates to patient privacy

Answer 43

PRIVILEGED COMMUNICATION

Question 44

Scope of the Privilege

Answer 44

1. Testimony of the dentist on the stand
2. Affidavit
3. Certificate
4. Dental records containing privileged matters

Question 45

Requisites of Privileged Communications between Dentist and Patient:

Answer 45

1. Claimed in a civil case
2. That the person, is one duly authorized to practice dentistry
3. That such person acquired the information while he was
   attending t he patient in his personal capacity
4. That the information was confidential, and, if disclosed, shall
   tend to blacken the character of the patient

Question 46

The privilege applies even after the death of the patient

Answer 46

Duration of the Privilege

Question 47

Privileged Communication Not Applicable when:

Answer 47

1. Personal injury suit by patient
2. In competency, guardianship and commitment proceedings
3. The privilege does not apply in contests involving the
   patient’s will, nor in any action involving the validity of a deed
   or conveyance executed by the now-deceased patient or the
   decedent’s intentions with regard thereto, or in any
   proceeding in which all parties are claiming through the
   deceased patient
4. Malpractice cases
5. Illegal purpose
6. Legal disclosures

Question 48

 Another exception to the physician-patient privilege
 The dentist, dental hygienist, or dental technologist shall
report all violations of the Philippine Dental Act of 2007,
rules and regulations governing the practice of Dentistry, and this Code, as may be committed by a duly licensed dentist, dental hygienist, or dental technologist, or non-dentist, which comes to their knowledge, to the appropriate chapter of
affiliate society, the Board, or the Professional
Regulation Commission
 Alleged illegal dental practitioners must be treated with due respect in accordance to their primary human rights and must
be presumed innocent until proven guilty

Answer 48

Legal Disclosures