Presentation on theme: "Ethics and Jurisprudence. Jurisprudence Laws that govern Dental Jurisprudence Laws that govern dentistry. What a Dentist can do, and cannot."— Presentation transcript:
Jurisprudence Laws that govern Dental Jurisprudence Laws that govern dentistry. What a Dentist can do, and cannot do. Ethics Morals Values right or wrong. Tummy talkin’ to you Hair standing on end That “feeling” something is wrong.
Areas of Law Criminal Law. Crimes against society Murder Bank robbery Assault Not commonly used in the dental setting. Civil Law. Commonly used in the dental setting. Divided into two areas. Contract Law. Didn’t do what you said you would do. Tort Law Involves injury of one person by another. Most common in ‘dental’ lawsuits
Persons involved with a lawsuit. Plaintiff Accuser Person bringing the charges. Initiates the lawsuit. Defendant Person being accused “defends” their self from the accusation” Innocent until proven guilty……?
Persons involved with a lawsuit. Judge Neutral person to decide case or sentence. Jury Peers that decide guilt or innocence. 12 members Can’t decide. Hung jury.
License to practice State Board of Dentistry. Oregon Board of Dentistry. Grant a License to practice ADA accredited school. Meet education / moral standards. Pass written / clinical exams. Enforce adherence to Dental Practice Act “Reciprocity” 1 state recognizes license of another state.
Dental Practice Act Describes legal restrictions for: Dentists Hygienists Assistants Lists duties allowed / disallowed EFDA EFODA Protects public from incompetent practitioners
EFDA / EFODA Expanded Function Dental Assistant Expanded Function Orthodontic Dental Assistant Certified through DANB Advanced Skills Training Education Supervision Direct Dentist is watching. In-direct Dentist is in clinic/office aware of what you are doing. General Dentist went to lunch (out of office), aware of what you are doing.
Legal terms Doctrine of Respondeat Superior “let the master answer” Dentist is responsible for DA’s actions or comments. Res gestae “part of the action” DA is agent of Dr. Used in court.
Legal Levels of Care Due Care Minimum Tx 9 out of 10 dr’s would provide ‘this’ Tx Same situation Standard of care Better than ‘due care’ Tx of choice
Legal Levels of Care Negligence Failure to provide ‘due care’ Legal term??? Malpractice Leads to a…..? Lawsuit Oooops Should have had a ….? signed by the pt.
Contract Legal agreement between: 2 or more competent people List: Dr. responsibilities Pt. responsibilities Expected outcome / results Consequences Gives consent.
Consent Legal term for….. Giving permission Implied Through actions Opening mouth Informed / written Aka ‘expressed’ Pt. signs a form
Ending a Contract Pt. fires dentist Does NOT come back for Tx. Complete Tx Contract is done. Dr. ‘fires’ pt. Pt. not following instructions / directions Abandonment Aka ‘desertion’ Dr. does not complete Tx according to the contract. Dr. does not provide Tx when they should. To avoid a lawsuit Must send pt. a formal letter.
Random Crimes Assault and Battery Assault is the verbal threat Battery is the ‘touching’
Random Crimes Defamation of character Slander Saying something untrue Libel Written untruth Widespread slander TV, radio Example: You accuse someone of having AIDS, (they don’t). Fraud Doing something for unlawful gain. Example: Sending a claim to an Ins. Co. for more treatment than actually performed. Keeping the extra $$$. Embezzlement Stealing $$$ from a company / corporation. Federal Offense
Good Samaritan Law Protects people from lawsuits when….. Helping during an emergency Car accident Stay w/ in scope of training. No internal cardiac massage Not receiving compensation No $$$
Conclusion Remember, people are looking to ‘sue’ for any reason. Be careful with what you say and do. Remember your doctor can be held responsible for your actions or comments. When in doubt about legal issues, ask for help. Any Questions?