5 Dentistry and the law

Created by SusanaRomero 

Upgrade to
remove ads

KEY TERMS

Abandonment
Administrative law
Board of dentistry
Civil law
Contract law
Criminal law
Dental auxiliary
Direct supervision
Due care
Expanded functions
Expressed contract
Felony
General supervision
Implied consent
Implied contract
Informed consent
Infraction
Licensure
Malpractice
Mandated reporters
Misdemeanor
Patient of record
Reciprocity
Res gestae
Res ipsa loquitur
Respodeat superior
Standard of care
State dental practice act
Statutory law
Tort law
Written consent

State dental practice act

To protect the public from incompetent dental healthcare providers, each state has established.

Purpose for licensing dental health professionals

Protect the public from unqualified or incompetent practitioners.

Types of dental auxiliary supervision

Direct supervision
General supervision (indirect supervision)

Circumstances required for patien abandoment

Abandonment = Discontinuation of care after treatment has begun, but before it has been completed.
without making arrangements with another dentist to be available for emergencies or without leaving a number for patient to call for care.

Principle of contributory negligence

Failure to use due care or the lack of due care.
Omission= "Reasonable and prudent professional" would perform
Commission = "Reasonable and prudent professional" would not perform

Difference between civil and criminal law

Civil = Involves crimes against an individual, with another individual.
Criminal = Involves crimes against society.

Ways to prevent malpractice suits

1.-The planned treatment
2.- Reasonable treatment result
3.- Potecial treatment complications
4.- Their financial obligations

Difference between written and implied consent

Written = Contract (treatment is extensive)
Implied = Actions (the patient with toothache came at the dental office)

Procedure for obtaining consent for minor patients

- Which parent is the custodial (separate)
- Child's record should contain letters from each parent providing consent and authorization to treatment

Procedure for documenting informed consent

Received information about:
* Risks
* Benefits
* Alternatives
* Consented to or refused (treatment)

------------- ------------------ --------------------
Patient Dentist Witness
Copy for the patient

When is necessary to obtain an informed refusal

If the patient to refuses the proposed treatment

Exception for disclosure

1.- The patient asks not to be advised
2.- The procedure is simple and straighforward and life-threatening risks are remote
3.- The treatment risk is minor and rarely results in serius side effects
4.- Information upsetting + patient is unable to weight risks and benefits rationally (therapeutic exception)

How to make corrections on a patient's record

Never use white corrections fluid or attempt to cover up the original entry

Example of respondeat-superior

The employer is responsible for any harm caused by the action of the employee while the emplyee is carrying out the business of the empoyer.

Example of res-gestae

"Part of the action"
Never make critical remarks about dental treatment. Comments such as "whoops" or "uh-oh"

Indications of child abuse and neglect

1.- Physical abuse and corporal punishment resulting in injury
2.- Emocional abuse
3.- Emocional deprivation
4.- Physical neglect or inadequate supervision
5.- Sexual abuse or exploitation

Please allow access to your computer’s microphone to use Voice Recording.

Having trouble? Click here for help.

We can’t access your microphone!

Click the icon above to update your browser permissions above and try again

Example:

Reload the page to try again!

Reload

Press Cmd-0 to reset your zoom

Press Ctrl-0 to reset your zoom

It looks like your browser might be zoomed in or out. Your browser needs to be zoomed to a normal size to record audio.

Please upgrade Flash or install Chrome
to use Voice Recording.

For more help, see our troubleshooting page.

Your microphone is muted

For help fixing this issue, see this FAQ.

Star this term

You can study starred terms together

NEW! Voice Recording

Create Set