Lecture 3 (Chapter 14) Legal Issues and the Dental Radiographer Flashcards
What Act is responsible for the quality and maintenance of equipment, certification of radiographers, and accreditation of programs?
1981 Consumer-Patient Radiation Health and Safety Act
Dentists and dental hygienists __________ required to obtain additional radiography certification outside of their programs.
are not
What falls under informed consent? (4)
Purpose and who will perform it, potential benefits, possible risks with or without, and opportunity to ask questions.
Informed consent is obtained when?
Before exposure
What is disclosure?
Informing the patient about the particulars of exposing radiographs, In most states, the prescription of dental images is the responsibility of the dentist, and the auxiliary perform the procedures under the dentist’s supervision, must be conducted by competent dental professional
What is Self-determination?
Persons seeking health care have the legal right to make a choice about the care received. This includes the opportunity to consent to or refuse treatment.
What is risk management?
Policies and procedures followed to decrease chances that patient will file legal action.
Liability
DMD and auxiliary assume legal accountability
YOU will have a license as well as the DMD – protect it!
Malpractice
when the dental practitioner is negligent in delivery of care
Negligence
the diagnosis made or the treatment delivered falls below the standard of care; Ex: consistently producing poor radiographs or failure to take radiographs when needed.
Standard of Care
the quality of care provided by dental practitioners in a similar locality under same or similar conditions.
Statute of Limitations
Time period during which a patient may bring malpractice action against DMD or auxiliary
Or, when patient discovers that an injury has occurred as a result of negligence (this may not be until years after the negligence occurs)
Example: when a patient seeks care from another dental practice and discovers that previous care was negligent.
Therefore, records should be kept indefinitely (at least 6 years). Many offices separate old files and store them in a different location. State laws dictate the time period a patient could file malpractice. Most offices retain records indefinitely.
What must be documented?
Informed Consent, Number & type of x-rays that were exposed, Rationale for exposure, and
Diagnostic information obtained from interpretation
______ and ________ is the DMD’s responsibility
prescribing and interpreting
Confidentiality
private to the extent that state law does not require disclosure to
non-privileged person – individual who is not directly involved in the patient’s treatment. Do not discuss one’s care with another patient OR with staff members not involved.
HIPAA
**Health Insurance Portability and Accountability Act of 1996
