JURIS & ETHICS Flashcards
functions of law in dentistry
provides framework
delineates dentist responsibilities
boundaries
maintain standard
rule of action
ordinance
rule of civil
LAW
moral power residing in the person of doing
right
those which the state confers upon a person and which he can enforce through legalmeans against those person in the community who are bound to respect them
legal right
kinds of legal right
right in rem
right in personam
enforce against the communit which must not be disturbed
right in rem
enforceable only against specific person or person
right in personam
refers to philosophy of law
jurisprudence
is the omission to do something which a reasonable and prudent man would do.
forgetting something you need to do
• It implies a failure to apply a proper degree of diligence, judgment, skill and care to the dental procedure in accordance with the contemporary dental practice
negligence
Act or process of making laws.
legislate
Having the power to make laws
legislation
Act or process of making laws affecting the science, art and practice of dentistry
Dental legislation
A code of professional standards that defines values and determines moral duties and obligations
Ethics
branch of moral law, which treats the conduct an obligation, which a member of the dental profession owes to his fellow professionals, the public and his client
Dental ethics
refers to training program in any of the six specialties in dentistry and integration of knowledge and skills in a particular discipline which should be university paste or hospital base run by specialist who have undergone extensive training or obtain a degree in an accredited dental university
Preceptorship
what are the 4D’s negligence?
Duty, derelect direct cause and damages
It is required that dentist patient relationship must be established
duty
there must be evidence of neglect of duties, such as judgment from a malpractice case
Derelect
It must be established whether the action in fact cause the harm, and it is the proximate cause of the injury
Direct cause
as a result of want of due or skill, there is injury or damage
Damages
The thing or injury speaks for itself
res ipsa loquitor
unforeseen conditions
Doctrine of foreseeability
criminal negligence
Culpa
A judicial necessity to give to do or not to do
Obligation
meeting of the minds between two person with her, by one binds him self with respect to the other, to give something or to render service
ConTrac
act or omission, punishable by law
Crimes or Felonies
act is performed with deliberate intent
Deceit
Imprudence, negligence, lack of foresight or lack of skill
culpa
mutilation of teeth, example, badly broken
Minor physical injury
five exempted crimes
insane.
Under age 9 to 15 years old below
Person while performing a lawful act with due care
Ask under impulse of an uncontrollable fear
Act of compulsion of irresistible force
Personal wrongdoing
Moral turpitude
personal misconduct, which is characterized, as an act of baseness, vileness, or depravity, and contrary to the accepted costumary, rules, and duty between men and men
moral turpitude
ask that constitute moral turpitude
Publication of defamatory matter
Conviction of adultery
Concubinage
Forgery
Serious oral defamation
Embezzlement
A criminal offense, committed by a person, not necessarily a dentist or by a dentist in practicing his profession, without first being authorized under the law
Illegal practice of dentistry
Four elements of malpractice
license
Negligence
Moral turpitude
Injury
Practice of profession, with license, but act involving ignorance negligence on skillfulness, or accompanied by moral turpitude resorting to injury of the patient
Malpractice
pertains to the professional fees, a dentist, ought to receive for the services rendered
dental fees
means performance or doing of an act
feasance
Wrongfully, or unlawfully performance of an act
Malfeasance
improper performance of lawful act
Misfeasance
failure to do something that should have been done
Nonfeasance
it is the degree of skills required of a dentist
ordinary skill
duty of a dentist to supervise his dental auxiliaries, because the acts or negligent or damage will be attributed to the dentist
Doctrine of respondeat superior
information obtained related to dental practice cannot be disclosed by a dentist during trial without the patient’s consent.
Privilege, communication