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Details

law review for final
law review for final
28
Dentistry
Undergraduate 3
12/07/2014

Additional Dentistry Flashcards

 


 

Cards

Term
jurisprudence
Definition

science of philosophy of law

 

concerned with the law of state

3 sources

federal

state

judicial

Term
2 types of law
Definition

1. statutory

  •  criminal
  • Civil (torts and contracts)

 

2. common or case law

Term
criminal law
Definition

against society

protects public interest

 

misdemeanor less than 1000$ or imprisonment for 1 yr.

 

felonies more than 1000$ imprisonment for more than 1 yr.

 

includes illegal practice and insurance fraud

Term
civil law
Definition

agianst individual including property and reputation

 

protects legal rights of private persons.

 

torts and contracts

Term
practice act
Definition

regulation/self regulation

 

scope of practice

 

practice settings (collaborative, alternative)

 

Supervision (direct, indirect, general, none)

Term
civil law contracts
Definition

2 legally competant parties

 

payment in form of fee or service

 

invalid if:

violate personal property

service agreed upon not rendered

long delay in rendering service

Term
torts
Definition

civil wrongs

commission

omission

intentional

unintentional

malpractice, negligence

Term
commission
Definition

under tort

causing harm

Term
omission
Definition

under tort

failing to perform expected act

Term
malpractice
Definition

tort law

bad practice

negligence

Term
conditions of malpractice
Definition

there was a duty to follow standard of care

 

act of commission or omission

 

failure to satisfy standard of care

 

harm or injury to patient

Term
factors related to malpractice
Definition

ignorance

 

lack of skill

 

neglect in applying skills

 

communication

Term
assault and battery
Definition

torts/civil wrongs

 

assault is threatening to harm individual

 

battery is touching with intent to harm

 

technical assault and technical battery

Term
assault
Definition
threatening to harm an individual
Term
battery
Definition
touching with intent to harm (fight)
Term
defamation
Definition

false statements that harm reputation

 

involves 3rd person

 

includes libel (written defamation)

 

and slander (spoken defamation)

Term
libel
Definition
written defamation
Term
slander
Definition
spoken defamation
Term
contracts may be:
Definition

implied

 

expressed

 

treatment plans

Term
breach of contract
Definition

financial rights or privacy rights are violated

 

services agreed to are not performed

 

delayed for extended period of time

 

harm does not have to occur in order to be breach

Term
some conditions that do not constitute abandonment are:
Definition

when care is no longer needed

 

patient withdraws from relationship

 

care of pt is transferred to another provider

 

advance notice given (written, registered mail and copied in pt chart)

 

provider unable to give care

Term
patient responsibilities include
Definition

providing accurate info

 

payment for services

 

cooperate in treatment

 

Term
patient rights
Definition

considerate and respectful care

current and understandable info

make decisions

privacy 

confidentiality

review records

consent/decline

continuity of care

Term
risk management includes
Definition

record keeping

informed consent

knowing laws and applying them

good communication

documentation

Term
beneficence
Definition

done for benefit of others

 

obligation to benefit pt

 

obligation to promote well being

 

obligation to prevent harm

Term
confidentiality
Definition
patients right to autonomy
Term
non maleficence
Definition
medical ethics, do no harm
Term
adha code of ethics includes
Definition

core values

-beneficence

-justice and fairness (equal access, equal treatment care)

-veracity (be honest and truthful)

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