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40 Cards in this Set
- Front
- Back
What are the two types of statutory law |
Criminal Law Civil Law |
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What is the difference between an act of omission and an act of commission |
Omission - Not doing something that should HAVE been done Commission - Doing something that should NOT have been done |
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What is the difference between an expressed contract and an implied contract |
Expressed - Established through the written word or by verbal agreement
Implied - Established by Actions not by words |
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What is the purpose of licensure |
To protect the public from unqualified or incompetent practitioners |
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What authority does a state board of dentistry have |
Adopts Rules And Regulations Enforcement Of Regulation |
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What is meant by reciprocity and licensure by credential |
Reciprocity - Agreement between two states that allows dental professionals who is licensed in one state to receive a license in the other state
Licensure By Credential - Allows a individual who is licensed in one state to become licensed in another state if certain requirements are met |
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What does respondent superior mean |
The employer is responsible for any harm caused by the actions of the employee |
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What is the difference between direct supervision and general supervision |
Direct Supervision - Dentist delegates a duty and must check the patient before and after the duty is completed and the dentist must be present in the office
General Supervision - Dentist has authorized and delegated a specific procedure |
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What is meant by abandonment |
Discontinuation of care after treatment has begun, but before if has been completed |
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Can a dentist refuse to treat a patient only because he or she has HIV infection |
No |
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What are the 4 D's necessary for a successful malpractice suite |
Duty Derelict Direct Cause Damages |
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What does res ipsa loquitur mean |
The act speaks for itself or The evidence is clear |
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What is meant by res gestae |
Statements made spontaneously by anyone at the time of an alleged negligent act are admissible as evidence |
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What is the difference between implied consent and written consent |
Implied - When the patient agrees to treatment or doesn't object to treatment
Written - Documents the patients consent to and understandings of the procedure |
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Why should broken appointments be noted on the patients chart |
These actions may be may be interpreted as contributory negligence on the part of the patient, negatively affects the treatment outcome and helps protect the practice from legal recourse should the patient claim negligence |
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What is the primary purpose of reporting suspected cases of child abuse |
To protect the child |
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What are mandated reporters |
Dental professionals that must report suspected abuse if they observe signs of abuse or if they have reasonable suspicion |
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Can be a dental assistant, dental hygienist, or dental laboratory technician |
Dental Auxiliary |
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An individual who have been examined and diagnosed by the dentist and has had the treatment planned |
Patient Of Record |
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Level of supervision in which the dentist is physically present at the time the expanded unctions are being performed by the dental auxiliary |
Direct Supervision |
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Specific intraoral functions delegated to an auxiliary that require increased skill and training |
Expanded Functions |
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A legal doctrine that holds the employer liable for the acts of the employee |
Respondeat Superior |
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Specifies the legal requirements for an individual to practice dentistry in the state |
State Dental Practice Act |
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An agency that adopts rules and regulations and implements the state dental act |
Board Of Dentistry |
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Gives a person the legal right to practice in a specific state |
Licensure |
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The category of law that deals with the relations of individuals or corporations |
Civil Law |
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A system that allow individuals in one state to brain a license in another state without retesting |
Reciprocity |
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Terminating the dentist-patient relationship without reasonable notice to the patient |
Abandonment |
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Just, proper, and sufficient care, or the absence of negligence |
Due Care |
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Deals with a violation against the state or government |
Criminal Law |
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A level of supervision in which the dentist has given instructions, but need not be physically present at the time the expanded functions are being performed by the dental auxiliary |
General Supervision |
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Means of professional negligence |
Malpractice |
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The patients action indicating consent for treatment |
Implied Concent |
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Binding agreements involve |
Contract Law |
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A contract that maybe either verbal or written |
Expressed Contract |
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A contract that is established by actions and not words |
Implied Contract |
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Involves a written explanation of the diagnostic findings, the prescribed treatment, and the reasonable expectations as to the results of treatment |
Written Concent |
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A statement that is made at the time of an alleged negligent act and is admissible as evidence in a court of law |
Res Gestae |
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Professionals who are required by state law to report known or suspected child abuse |
Mandated Reporters |
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Means that the act speaks for itself |
Res Ipsa Loquitur |