Dentistry And The Law (Chapter 5 Mda)

Front 1

What are the two types of statutory law

Back 1

Criminal Law

Civil Law

Front 2

What is the difference between an act of omission and an act of commission

Back 2

Omission - Not doing something that should HAVE been done

Commission - Doing something that should NOT have been done

Front 3

What is the difference between an expressed contract and an implied contract

Back 3

Expressed - Established through the written word or by verbal agreement

Implied - Established by Actions not by words

Front 4

What is the purpose of licensure

Back 4

To protect the public from unqualified or incompetent practitioners

Front 5

What authority does a state board of dentistry have

Back 5

Adopts Rules And Regulations

Enforcement Of Regulation

Front 6

What is meant by reciprocity and licensure by credential

Back 6

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

Front 7

What does respondent superior mean

Back 7

The employer is responsible for any harm caused by the actions of the employee

Front 8

What is the difference between direct supervision and general supervision

Back 8

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

Front 9

What is meant by abandonment

Back 9

Discontinuation of care after treatment has begun, but before if has been completed

Front 10

Can a dentist refuse to treat a patient only because he or she has HIV infection

Back 10

No

Front 11

What are the 4 D's necessary for a successful malpractice suite

Back 11

Duty

Derelict

Direct Cause

Damages

Front 12

What does res ipsa loquitur mean

Back 12

The act speaks for itself or The evidence is clear

Front 13

What is meant by res gestae

Back 13

Statements made spontaneously by anyone at the time of an alleged negligent act are admissible as evidence

Front 14

What is the difference between implied consent and written consent

Back 14

Implied - When the patient agrees to treatment or doesn't object to treatment

Written - Documents the patients consent to and understandings of the procedure

Front 15

Why should broken appointments be noted on the patients chart

Back 15

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

Front 16

What is the primary purpose of reporting suspected cases of child abuse

Back 16

To protect the child

Front 17

What are mandated reporters

Back 17

Dental professionals that must report suspected abuse if they observe signs of abuse or if they have reasonable suspicion

Front 18

Can be a dental assistant, dental hygienist, or dental laboratory technician

Back 18

Dental Auxiliary

Front 19

An individual who have been examined and diagnosed by the dentist and has had the treatment planned

Back 19

Patient Of Record

Front 20

Level of supervision in which the dentist is physically present at the time the expanded unctions are being performed by the dental auxiliary

Back 20

Direct Supervision

Front 21

Specific intraoral functions delegated to an auxiliary that require increased skill and training

Back 21

Expanded Functions

Front 22

A legal doctrine that holds the employer liable for the acts of the employee

Back 22

Respondeat Superior

Front 23

Specifies the legal requirements for an individual to practice dentistry in the state

Back 23

State Dental Practice Act

Front 24

An agency that adopts rules and regulations and implements the state dental act

Back 24

Board Of Dentistry

Front 25

Gives a person the legal right to practice in a specific state

Back 25

Licensure

Front 26

The category of law that deals with the relations of individuals or corporations

Back 26

Civil Law

Front 27

A system that allow individuals in one state to brain a license in another state without retesting

Back 27

Reciprocity

Front 28

Terminating the dentist-patient relationship without reasonable notice to the patient

Back 28

Abandonment

Front 29

Just, proper, and sufficient care, or the absence of negligence

Back 29

Due Care

Front 30

Deals with a violation against the state or government

Back 30

Criminal Law

Front 31

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

Back 31

General Supervision

Front 32

Means of professional negligence

Back 32

Malpractice

Front 33

The patients action indicating consent for treatment

Back 33

Implied Concent

Front 34

Binding agreements involve

Back 34

Contract Law

Front 35

A contract that maybe either verbal or written

Back 35

Expressed Contract

Front 36

A contract that is established by actions and not words

Back 36

Implied Contract

Front 37

Involves a written explanation of the diagnostic findings, the prescribed treatment, and the reasonable expectations as to the results of treatment

Back 37

Written Concent

Front 38

A statement that is made at the time of an alleged negligent act and is admissible as evidence in a court of law

Back 38

Res Gestae

Front 39

Professionals who are required by state law to report known or suspected child abuse

Back 39

Mandated Reporters

Front 40

Means that the act speaks for itself

Back 40

Res Ipsa Loquitur