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PreClinical 2nd Test
Ethics and Jurisprudence
67
Law
Undergraduate 2
10/02/2011

Additional Law Flashcards

 


 

Cards

Term
law
Definition
set of rules established and enforced by sovereign authority
Term
contract law
Definition
division of civil law covering specific agreement between people and violations
Term
tort law
Definition
division of civil law that covers the rights and duties of people toward each other and wrongs committed in violation of these rights and duties
Term
what makes a contract valid?
Definition

1. parties must be legally competent

2. specific act covered by the agreement must be a lawful one

3. there must be payment in the form of money or services.

Term
three types of contracts and their descriptions
Definition

1. implied contract - made by certain actions on the part of the parties concerned

2. expressed contract - oral or written agreement

3. breach of contract - breaking of a contract occurs if either party fails to keep his part of an expressed contract, either written or oral

Term
tort
Definition
wrongful act, except one involving breach of contract, for which the injured party can recover damages
Term
when is a tort committed?
Definition

1. legal duty - owed by someone to another

2. duty must have been breached by the accused (accused is defendant)

3. there was damage or harm to the accuser (accuser is plaintiff)

4. damage or harm was caused directly by the accused's breach of duty.

Term
when is the dentist-patient relationship est.?
Definition
dentist has no obligation to the person until they accept them as a patient, even in an emergency
Term
dental jurisprudence
Definition
system of laws applied to dentistry
Term
ethics
Definition
basically what is morally right and wrong
Term
code of ethics
Definition
standard of moral principle and practice to which a profession adheres. also known as "principle of ethics"
Term
violations of code of ethics
Definition

1. censure, an official reprimand or disapproval 

2. suspension, temp. loss of membership

3. complete loss of membership

Term
factors controlling individuals prof. conduct
Definition

1. personal code of ethics (set for themselves)

2. code of ethics est. by profession

3. law est. by society

Term
purpose of dental practice act
Definition
protect the public from being mistreated or misled by imcompetent practitioners 
Term
specs of dental practice act
Definition

1. eligibility for licensure

2. grounds for suspension or revocation of license

3. admin board, state board of dental examiners to supervise the practice of dentistry

4. control of assignment duties (including expanded functions)

 

Term
function of state board of dental examiners
Definition
administer and enforce the dental practice act of that particular state. also grants licenses and deals with misconduct
Term
how are the members of the state board of dental examiners chosen?
Definition
licensed dentists who are appointed by the state governor from a list of nominees by state dental assoc.
Term
define the state board of dentistry
Definition
another name for the state board of dental examiners
Term
licensure
Definition
granting of licenses expressly to practice a profession
Term
license
Definition
legal permission to engage in a profession or business
Term
purpose of licensure/requirement for licensure
Definition
protect the public from unqualified or imcompetent practititioners. must be licensed by the state in which they practice.

to gain a license, meet educational requirements and more requirements and pass an exam in theory and practice 
Term
reciprocity
Definition
agreement between two or more states to allow an individual licensed in one state to receieve, without further examination, a license in any other states entering into that reciprocity agreement
Term
grounds for revocation, suspension, or refusal to renew licenses
Definition

1. moral turptitude (corruptness)

2. gross ignorance of inefficiency in their profession

3. drug addiction or chronic alcoholism

4. mental or physical impairment which would be harmful to those under their care

5. incompetence

Term
expanded functions
Definition
tasks of greater skill and responsibility which were formely performed by the dentist
Term
legal mechanisms to bring authorization of EF into effect (expanded functions)
Definition

1. by amendment of the dental law

2. by the state board of dentistry

3. combo of legislative and regulatory action 

Term
operative mechanisms for assigning EF
Definition

"open provision" - broad and flexible definition of the scope of allowable auxillary tasks and permits the dentist to delegate any function within competence of auxillaries 

 

"list" of permitted auxillary functions that is more rigid and restrictive approach

Term
consent
Definition
give permission for something to be done by another
Term
legal duty
Definition
obligation, under law, of one person to another
Term
required duties of the dentist
Definition

1. be duly licensed

2. exercise reasonable skill, care, and judgement in diagnosis and treatment

3. use standard drugs, materials and techniques

4. complete agreed-upon treatment within a reasonable time

5. do not abandon the patient

6. do only those things consented to by the patient

7. give adequate instructions to the patient

8. make reasonable charge for services rendered

9. achieve a reasonable result

10. arrange care for the patient during temp. abensence

11. refer unusual cases to a specialist

12. hold inviolate the patients privacy

Term
duties of the patient
Definition

1. follow instructions both during/after treatment

2. pay "reasonable" fee agreed on between dentist and patient

Term
legal duty of dental assistant
Definition
use reasonable skill, care, and judgement at all times
Term
certification
Definition
a national board examination program for dental assistants administered by the DANB
Term
legal duties of the dental assistant
Definition

1. develop good skills and maintain them through continuing education

2. use reasonable care in all that you do

3. exercise beat judgement in all situations

Term
when is the dental assistant committing a criminal act
Definition
engages in the unlicensed practice of dentistry which includes performing EF which are not legal in their state
Term
five factors for valid consent
Definition

1. one giving consent must be legally competent

2. consent must be informed

3. consent is for specific treatment

4. act consented must be legal

5. consent must not have been obtained by fraud

Term
info the patient must understand in order to give informed consent
Definition

1.  nature of condition

2. proposed treatment

3. risks involved

4. chances of failure

5. results of not proceeding

6. alternative procedures that might be employed

Term
types of consent
Definition

1. implied

2. expression

3. informed

4. consent by parent/guardian

5. impled in an emergency

Term
when consent should be expressed in writing
Definition

1. when new drugs are to be used

2. when clinical testing is involved

3. when patients photograph is to be used

4. when general anesthesia is to be used

5. when minor children are to be treated in public program

6. when treatment will require more than one year to complete

Term
contributory negligence
Definition
failure to follow instructions
Term
respondent superior
Definition
the dentist
Term
when should the DA carry liability insurance
Definition
provides direct patient care in order to avoid malpractice suits against themselves
Term
statutes of limitations
Definition
legal time limit within which a civil suit for an alleged wrong, such as malpractice, must be filed
Term
subpoena
Definition
written document commanding a person to appear in court under penalty for failure
Term
direct supervision
Definition
dentist in office but evaluate patient at a later time
Term
indirect supervision
Definition
dentist in office but evaluate patient at a later time
Term
general supervision
Definition
dentist has authorized procedure, but is not necessarily in the office
Term
technical assault
Definition
wrongful act, intentional or inadvertent, involving contact between people which is not consented to, not permitted, by social usage (even w/o injury)
Term
libel
Definition

answerable, responsible and legally bound as to make good any loss or damage.

 

writing something which might destroy a reputation

Term
liability
Definition
responsibility; obligation according to law
Term
liability insurance
Definition
insurance coverage carried by the professional to protect themselves against legal action
Term
malign
Definition
say or write something which will damange, or destroy an individuals reputation
Term
malpractice
Definition
professional misconduct or unreasonable lack of skill in performance of professional duties
Term
negligence
Definition
failing to do something that a reasonable person would do
Term
plaintiff
Definition
accuser in legal action
Term
abandonment
Definition
desertion; not being accesible to a patient under treatment at any time the patient may require assistance
Term
admissions against interest
Definition
statement made by individual which serves to defeat his own interests
Term
res gestae
Definition
part of the action; statement by anyone made spontaneously at the time of alleged negligent act
Term
skill
Definition
knowledge plus the ability to use such knowledge
Term
slander
Definition
saying something which might destroy a reputation
Term
why does the dentist est. fees?
Definition
to be effective in providing good oral care, they must earn an adequate income
Term
fee
Definition
charges for professional services rendered which represent the dentist's earnings
Term
reasonable fee
Definition
law regards a fee to be reasonable when it is a customary and ordinary change for a particular service
Term
ways in which claims for breach of contract or malpractice regarding fees can be avoided
Definition

1. financial discussions should be held in privacy

2. financial act concerning the patients ability and willingness to pay should be gathered at the time of visit

3. estimate sheet may be made up for that patient

Term
elements to est. a reasonable fee
Definition

1. salaries

2. dental supplies

3. lab costs

4. rent

5. utilities

6. cleaning and maintence

7. equip. purchase and repair

Term
patients who are NOT responsible for payment of dental services
Definition

1. minors

2. mental incompetents

3. patient must be in legal custody of person giving consent

Term
securing payment of a delinquent account
Definition

1. collection letters

2. collection telephone calls

3. collection agencies

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