17 terms

5 Dentistry and the law

Administrative law
Board of dentistry
Civil law
Contract law
Criminal law
Dental auxiliary
Direct supervision
Due care
Expanded functions
Expressed contract
General supervision
Implied consent
Implied contract
Informed consent
Mandated reporters
Patient of record
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