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
Elements of privilege, communication
purpose of diagnosis
Treat the patient
Blacken the character of the patient
jus soli
place
jus sanguinis
blood
Wrongful act that results in injury to one person to another
TORT
Division of civil law, covering their rights and duties of people towards each other, and wrong, committed in violation of these rights and duties
Tort law
Court mandating that an individual show up at court at a specific time and date
Subpoenas
when someone who is charge of illegal practice, intentionally did not attend the trial missed the trial intentionally
Contempt
Court mandating that an individual up at court at a specific time and date to bring documents
Subpoena duces tectum
a writ issued from the higher court to the lower court to send the records for a specific case?
Certiorari
I read it should commanding or ordering a person to perform a public or statutory duty
Mandamus
a writ ordering a person to refrain from a particular act or requires a performance of a particular act
Injunction
A notice was issued by the court to answer or respond to action, a complaint that was filed against him
summon or reply
The head or person in charge or a surgeon is responsible for whatever goes wrong in the operating room
Captain of the ship doctrine
Three. Powers of the state.
police power
Eminent domain
Taxation
Power to prescribe regulations to promote health morals, peace, education, good order, safety, and general welfare of the people
Police power
the welfare of people is supreme law
salus populi est suprema law
use your own propert so as not to impair another
sic utero tu alienum non leadas
ignorance of the law excuses no one frm compliance thre with
ignorantia legisnon excusat
Power to extract a fee on a product income activity for public purposes
Taxation
opinion of a witness
Expert testimony
Testimony, given by a witness of a matter
Expert evidence
Give testimony on matters he knows
expert witness
first dental law
Dental examiners with three members
Act 593
January 10, 1903
Inhabitants of state
People
Second dental law
Regulation of board exam plus curriculum
act 2462
Feb 5 1915
third
Act 2711
March 10, 1917
Fourth dental law
act 417
June 18, 1949
Two years pre-dent
Practical phase of board exam
right to prescribe prohibited drugs
Act 2205
January 16, 1913
created PRC
PD223
Labor code of Ph
PD442
standardize board exam
Our a 546
June 17, 19 50
Regulate dental hygienist
RA 768
June 20, 1952
5 TH dental law
philippine dental act of 1965
RA 4419
June 19, 1965
Generic act of 1988
RA 6675
6th Dental law.
Philippine dental act of 2007
RA 9484
Theory of reciprocity
Our a 9484, article 4, section 31
peneal provision and enforcement
Articel five
refers to law passed by Congress
Statutory
refers to write privileges and responsibilities stated in or inferred from the Philippine constitution
Constitutional
refers to decision, made by the judges in court cases, or established by rules of custom and tradition
Common law
refers to the rules and rulings made by administrative agencies
Administrative
Keep patient’s record for forensic reason
PD1575
Organ, donation act of 1991
RA 7170
Three conditions of refusal to issue a certificate
convicted of criminal offense
Immoral conduct
Unsound mind
two conditions issuance of certificate
Diploma
Pass the boards
Power to investigate and decide administrative matter, issue, summons, and subpoena
Quasi judicial
Power to formulate such rules and regulations, as may be necessary to effectively implement policies, with respect to the regulation and practice of profession
Quasi legislative
Power to administer implement, and enforce the regulatory policies of national government with respect to the regulation and licensing of variation professionals
Administrative
composition of board of dentistry
Five members
One chairman
And 4 members
Ched or commission on higher education
accreditation of dental schools
license renewed, every
Three years
Report of resorts is
20 days after last day
first conviction of genetic code
Reprimand by PRC
Second conviction of genetic code
2000 to 5000
Third conviction of generic code
5000 to 10,000+30 days of suspension
Fourth conviction of genetic
10,000+ one year or more suspension
three kinds of wills
Notarial
Holographic
Nuncupative
it is a written and signed by testator with three credible witnesses in presence
Notorial
entirely written with date and signature no witness
Holographic
oral will
Nuncupative
an instrument or a document, where a person is permitted to control to a certain degree, the disposition of his state to take affect after his death
will
to give to do or not to
Obligation
duty to be faithful to a commitment
Fidelity
duty to tell the truth
Veracity
duty to the profession
to keep professionally fit
no one should unjustly enrich himself at the expense of the other
solution indebti
arises whenever a person voluntarily taks charge the agency or management of the usiness or property of another without any power or authority from the latter
negotioriom gestio
acts or ommision which damages to another
quasi delicts
