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JURIS MIDTERMS > Informed consent > Flashcards

Informed consent Flashcards

1
Q

An important legal protection is the right to give informed
consent to treatment

A

INFORMED CONSENT

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2
Q

True or False

A dentist who performs a procedure on a client without informed consent may be found civilly liable for committing battery

A

True

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3
Q

The basic principle of informed consent is that:

A
  • Give proper education about the risks and benefits
  • The patient has the right to choose freely whether to submit to treatment or not
  • Unless the dentist has provided the patient with scientifically valid, accurate information about the treatment, a state of informed consent does not exist
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4
Q

Should reflect that the patient already has informed consent about the treatment option of the clinician

A

INFORMED CONSENT FORM (ICF)

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5
Q

WHO CAN GIVE INFORMED CONSENT?

A
  1. Any capacitated patient
  2. Spouse - if patient himself cannot give informed consent
  3. A parent or natural guardian in case of minors
  4. A guardian in case a person is incapacitated to give consent
  5. A legal guardian appointed by the court
  6. Duly appointed officers of the Department of Social Welfare and Development (DSWD)
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6
Q

before a dentist could do a physical examination, the proper consent must be given by the patient

A

Non-Consensual Physical Contact

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7
Q

the patient has the right to be informed regarding procedures, risks, and alternatives, and answers to questions with respect to treatment, in terms that they can be reasonably expected to understand

A

Non-Consensual Medical Treatment and Procedure

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8
Q

The failure, without legal reason, to comply with the terms of contract

A

BREACH OF CONTRACT

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9
Q

It is also defined as the failure without legal reason excuse, to perform any promise which forms the whole or part of the contract

A

BREACH OF CONTRACT

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10
Q

Is the existence of an agreement or bargained-for exchange where one of the parties fails, without a legally valid excuse, to live up to his or her responsibilities under the contract

A

BREACH OF CONTRACT

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11
Q

True or false

A contract may be breached in whole only

A

False

A contract may be breached in whole or in part

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12
Q

a breach of contract usually occurs by one or more of the parties in one of the following ways:

A
  • Failing to perform as promised
  • Making it impossible for the other party to perform
  • Making it known there is an intention not to perform
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13
Q

States that you cannot enforce contracts that are not in writing

A

STATUTE OF FRAUDS

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14
Q

What contracts must be in writing?

A
  • Sales of real property
  • Promises to pay someone else’s debt
  • A contract that takes longer than one year to complete
  • Property leases for more than one year
  • Contracts for more than a certain amount of money, the amount of which is set by the state (500)
  • A contract that will go beyond the lifetime of the one performing the contract
  • The transfer of property upon the death of the party performing the consent
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15
Q
  • Refers to the prescription period
  • Every action has a corresponding period to perform
A

STATUTE OF LIMITATIONS

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16
Q

are laws that set the deadline or maximum period of time within which a lawsuit or claim may be filed

A

Statutes of limitations

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17
Q
  • The deadlines vary depending on the circumstances of the case, and the type of case or claim
  • Within how many years from the time of negligence or malpractice?
A
  • Statute of Limitations
  • 6 years
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18
Q

If you sue for breach of contract, you must sue within the ________

A

statute of limitations

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19
Q

“let the master answer”;
the dentist may be held liable for the wrongful act of his or her dental assistant

A

Doctrine of Respondeat Superior

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20
Q

a dentist with people using the dentist’s name as an agent even without permission, the dentist can be held liable if the dentist remains silent

A

Doctrine of Ostencible Agent or Holding Out Theory or Agency by Estoppel

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21
Q

applicable to visiting dentists

A

Borrowed servant Doctrine

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22
Q

the surgeon is likened to a ship captain who is responsible for everything that goes wrong in the operating room, including those acts done by those under him

A

Captain of the ship Doctrine

23
Q

substitute liability

A

Vicarious Liability of Hospital

24
Q

is under the State Immunity from Suit; government cannot be sued

A

Government or Public Hospital

25
Q

also cannot be sued because it sources its funds from charity or donations of funds to help other people

A

Private Charitable or Eleemonsynary Hospital Private Charitable or Eleemonsynary Hospital

26
Q

those entering private charitable or government hospital cannot sue the hospitals, implying their waiver of this right to sue

A

Implied Waiver Theory

27
Q

those patients in private charitable hospitals do not have a contract to the hospital, only the doctor

A

Doctrine of Independent Contractor

28
Q

May be defined as the pecuniary compensation, recompense, or satisfaction for an injury sustained, or as otherwise expressed, the pecuniary consequences which the law imposes for the breach of some duty or the violation of some right

A

DAMAGES

29
Q

are the amounts recoverable or that which can be awarded for the damage done or sustained

A

DAMAGES

30
Q

is the legal invasion of a legal right

A

Injury

31
Q

is the hurt, loss or harm, which results from the injury

A

damage

32
Q

there can be damage without injury in those instances in which loss or harm was not the result of a violation of a legal right

A

Damnum Absque Injuria

33
Q

In such cases, the consequences must be borne by the injured person alone

A

Damnum Absque Injuria

34
Q

The law affords no remedy for damages resulting from an act that does not amount to a legal injury or wrong

A

Damnum Absque Injuria

35
Q

If a damage results from a person’s exercising his legal rights

A

Damnum Absque Injuria

36
Q

They cannot be granted unless supported by the evidence on record

A

ACTUAL DAMAGES

37
Q

It is the compensatory or actual damages that are most frequently involved in professional liability cases

A

ACTUAL DAMAGES

38
Q

Includes physical suffering, mental anguish, fright, serious anxiety, besmitched reputation, wounded feelings, moral shock, social humiliation, and similar injury

A

MORAL DAMAGES

39
Q

True or False

There is no hard and fast rule in the determination of what
would be a fair amount of moral damages

A

True

40
Q

BASIS OF AWARD OF MORAL DAMAGES

A
  • moral damages are not punitive in nature but are designed to compensate and alleviate in some way the physical suffering, mental anguish, etc. unjustly caused to a person
  • Such damages, to be recoverable, must be the proximate result of a wrongful act or omission of the factual basis for which is satisfactorily established by the aggrieved party
41
Q

CONDITIONS FOR AWARD OF MORAL DAMAGES

A
  • Duty
  • deviation
  • direct causation
  • damage
42
Q

This is usually the Civil Code

A

LEGAL PROVISIONS MANDATING AWARD OF MORAL DAMAGES

43
Q

suit that is groundless, malicious, without probable cause, or part of conspiracy

A

Unfounded suit

44
Q

a small sum of money awarded to a plaintiff to commemorate the fact the plaintiff won their civil case in court.

A

Nominal damages

45
Q

are more than nominal but less than compensatory damages

A

Temperate or Moderate damages

46
Q

a predetermined or specified amount of money that must be paid as damages if one party fails to meet certain contractual requirements

A

Liquidated Damages

47
Q

are imposed, by way of example or correction for the public good

A

Exemplary or Corrective Damages

48
Q

An important legal protection is the right to give informed consent to treatment; this can be done through interviewing

A

INFORMED CONSENT

49
Q

In writing informed consent, what should the Dentist do?

A
  • Dentist is to properly educate the patient about the risks and benefits of the proposed treatment
  • Dentist gives alternative treatment options
  • Dentist may also give the option of no treatment
  • The patient has the right to choose freely whether to submit to treatment or not
  • Treatment results would be dependent 50% on dentist and 50% on patient
50
Q

should be signed by the patient after giving the informed consent to the patient

A

INFORMED CONSENT FORM

51
Q

modified for different cases because of different risks, different treatment alternatives, and different procedures

A

INFORMED CONSENT FORM

52
Q

If condition is inherent like bleeding, discomfort, pain, or anesthesia, you can opt for what?

A

you may not include it in the informed consent

53
Q

How long should ICF be kept for?

A

10 years

54
Q

COMMUNICATION/LANGUAGE BARRIER ISSUES IN
INFORMED CONSENT TAKING

A
  • If there is no way to communicate with the patient and give informed consent, you may refer the patient to other facilities who can understand the language
  • If patient is persistent on being treated at your clinic, then an interpreter is required in order to have informed consent
  • Interpreter should be honest and dependable
  • Interpreter should affix his/her signature to signify that the translation is successful

JURIS MIDTERMS (7 decks)

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