ethics ch 8

Directing or interfering with a licensed dentist's judgement and competent practice of dentistry.

Abandonment

Threatening to harm an individual

Assault

Statutory law that concerns offenses against an individual.

Civil law

Statutory law that concerns offenses against society.

Criminal law

Unintentional harm that involves the failure to act as a reasonable, prudent person under similar circumstances.

Negligence

Touching an individual with the intention to harm.

Battery

Professional negligence

Malpractice

Someone who is defending a claim.

Defendant

Someone bringing a claim to a civil proceeding.

Plaintiff

Someone bringing a claim to a criminal proceeding.

Prosecutor

Acts committed against authority of gov

Criminal law

Level of proof required for criminal law

Beyond reasonable doubt

Wrongful act committed by a private individual against another private individual

Civil law

Level of proof required for civil law

Judge or jury must be 51% certain

Person who files a suit (civil)

Plaintiff

Person who represents the people (government) (criminal)

Prosecuter

Person defending himself in a suit; person denying the action charged

Defendant

Classification of federal crimes

Felonies (death or imprisonment over one year) and misdemeanors (less than one year jail)

Classification of state crimes

Felonies (death or more than 1 year of jail), misdemeanors (less than one year in jail), infractions (minor offenses)

An agreement between two or more consenting and competent parties to do or not to do a legal act for which there is consideration

Contracct

Elements of valid contract

Parties legally competent
Specific acts must be mutually agreed
Something in return for something else

An agreement made by certain actions on the parties concerned, even though all essentials for a legally binding contract have not been discussed

Implied contract

Oral or written contract

Expressed contract

Duties of patient/client

Pay reasonable fee within reasonable time
Cooperate/keep appointments
Follow instructions
Provide accurate information

A breach of contract occurs when either party fails to keep his part of a/an ________ contract

Expressed

A contract may end if

Both parties agree
Death of client or practitioner
Client ends it by act or statement
Client is cured
Practitioner decides to terminate care

To avoid charges of abandonment:

Notify pt in writing of intent to withdraw
Send letter by registered or certified mail with a return receipt requested
File copy of letter and receipt in patients permanent record

Interference with another's right to enjoy their person, property, or privacy

Tort

Assault and batter, misrepresentation/deceit, defamation, breach of confidentiality are all examples of _______

Intentional tort

Negligence or malpractice are examples of ______

Unintentional tort

Elements necessary to prove a tort (ABCD)

a legal duty is owed by one person to another (Acceptance), duty was Breaches by the accused, Caused damage/harm, Damage/harm was directly caused by breach of duty

For this to occur, an individual must actually be harmed due to lack of standard of care

Unintentional tort: malpractice

To prove malpractice:

Act of omission or commission, failure to satisfy standard of care, harm or injury to the patient

Failing to do something that a reasonable personal would do or doing something that a reasonable person would not do

Unintentional tort: negligence

Four essential factors in negligence:

Acceptance of patient by provider
Breach of duty
Causal relationship between the breach and the damage
Damage or harm to the patient

Who establishes standard of care?

Expert witness
Professional association recognized agency
Professional literature
Community vs. national standard

Respondent superior - why is the employer responsible?

Employer has a duty to direct and control employees
Employer has exposed the pt to the employee
Employer has the assets

An attempt to cause apprehension in someone, without touching

Assault

A harmful or offensive contact with someone without their permission

Battery

Intentional or inadvertent act involving contact between people that is not consented to, not permitted

Technical assault

Examples of technical assault:

If you don't behave, i will stick you with a needle
Placing sealant or fluoride without informed consent

Failure to inform client of treatment status; attempt to distort information about personnel or services rendered

Intentional tort: misrepresentation or deceit
Ex. Attempt to portray a dental assistant as a dental hygienist
Failure to inform a client that an instrument was broken in his mouth
Failure to tell a client that he has periodontal disease

Verbal damage to ones reputation

Defamation

Written damage to ones reputation

Libel

Violation of confidential relationship

Breach of confidentiality

Consent assumed in certain actions by the patient

Implied consent

Consent given when the patient has enough information to make an intelligent choice

Informed consent

Informed consent given orally or in writing for a specificity procedure

Expressed consent

Elements of informed consent:

Patient must be told:
Understandable language
Nature and need for the procedure
Benefits of procedure
Material risks in performing the procedure
Prognosis if performed or not performed
Alternatives to the recommended procedure

Elements of informed refusal:

Understandable language
Recommendation
Rationale for recommendation
Risks to client

1. If dental hygienists are unable to meet their patients' expressed expectations, the patients must understand this limitation and either accept the limitation and alter their expectations or
a. decide that silence is golden and not complain.
b. seek car

Seek care from an alternative provider

2. Failure to deliver health care services can result in which of the following untoward consequences for the patient?
a. Complaint review
b. Substandard care
c. Sanctions
d. Criminal penalties

Substandard care

Dental hygiene professionals must be familiar with the legal principles of the dental hygienist-patient relationship to guide their
a. actions, decisions, record keeping, and professional interactions.
b. actions, decisions, and professional interactions,

Actions, decisions, record keeping, and professional interactions

4. A _____________ is a wrongful act against a person that violates his or her person, privacy, or property or contractual rights.
a. criminal offense
b. civil offense
c. breach of contract
d. malpractice

Civil offense

5. A violation of criminal law is a violation of a societal rule outlined by statutory law. Practicing dental hygiene without a license is a criminal offense.
a. Both statements are true.
b. Both statements are false.
c. The first statement is true, and t

Both true

6. The party bringing a claim in the legal system is the ________ in a criminal proceeding.
a. plaintiff
b. prosecutor
c. defendant
d. deposition

Prosecutor

7. Questions of ________ are decided by judges, whereas questions of ________ are decided by juries.
a. law; fact
b. fact; law
c. interrogatory; deposition
d. deposition; interrogatory

Law; fact

8. Each of the following is true for the preponderance of evidence EXCEPT one. Which one is the EXCEPTION?
a. A consideration in a civil case
b. A consideration in a criminal case
c. Certainty greater than 50%
d. Not as high a level of evidence as beyond

A consideration in a criminal case

9. Which of the following are the two major categories of civil law?
a. Malpractice law and tort law
b. Breach of contract and contract law
c. Contract law and tort law
d. Negligence and informed consent

Contract law and tort law

10. It is legally known as a ________ relationship when a dental provider agrees to deliver oral health care services to a patient and, in return, the patient agrees to cooperate in the care and arrange for appropriate payment.
a. just and fair
b. fiducia

Fiduciary

11. An ________ contract is an agreement that is stated in explicit language, either orally or in writing, and an ________ contract is recognized if, based on the circumstances surrounding a particular event, the assumption that a contract exists between

Express; implied

12. The intentional tort of battery requires an injury to have occurred. Intentional torts are differentiated from unintentional torts on the basis of the state of mind of the perpetrator and his or her intent to cause harm.
a. Both statements are true.
b

False, true

13. A dental hygienist is held to the standard of care for a
a. physician.
b. dentist.
c. periodontist.
d. dental hygienist.

Dental hygienist

14. In most jurisdictions, the age of majority is attained at the age of
a. 12
b. 16
c. 18
d. 21

18

15. Statutes of limitations for health care injury or malpractice actions are usually in the range of _________ years from the date of the alleged act.
a. 1 to 2
b. 2 to 4
c. 4 to 6
d. 6 to 8

2-4