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