Download Ethics and Jurisprudence

Chapter 31
Ethics and Jurisprudence
Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED.
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The Law
• Criminal and civil law
– Civil law more apparent in dental offices
• Contract law and tort law
• Dental Practice Act
– Dental team members’ duties and functions
– State guidelines
Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED.
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The Law
• State Board of Dentistry
– License to practice
– Expanded functions
– Certification, licensure, and registration
Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED.
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The Dentist, Dental Assistant,
and the Law
• Contracts
– Expressed vs. implied contracts
– Dental assistants are agents of the dentist.
Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED.
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The Dentist, Dental Assistant,
and the Law
• Termination of a contract
– Patient discharges dentist or fails to return to
office.
– Patient fails to follow instructions given by
dentist.
– Dentist formally withdraws from patient care.
– Patient no longer needs treatment/all
requirements have been agreed on and met.
Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED.
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Standard of Care
• Malpractice is failure to use due care in
dental treatment (professional negligence).
– Four Ds of malpractice are:
•
•
•
•
Duty
Derelict
Direct cause
Damage
Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED.
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Standard of Care
• Tort is a wrongful act that results in injury
to one person by another.
• Assault is the threat of touching a person
without consent.
• Battery is the actual touching.
Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED.
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Standard of Care
• Defamation of character is injury to
another by written or spoken words.
• Invasion of privacy is when patient records
or any unwanted publicity and exposure is
given to the public.
• Fraud is deliberate deception that is
practiced to secure unfair/unlawful gain.
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Standard of Care
• Good Samaritan Law is protection for
those individuals who are not seeking
payment but are rendering medical
assistance to the injured (emergencies).
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Standard of Care
• Americans with Disabilities Act of 1990
– Employment discrimination due to disabilities
– Disabled are provided access to public
services
– Accommodations and access to
goods/services
– Telecommunication services
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Dental Records
• Informed consent means that the patient
has been made aware of procedures and
risks involved and the expected outcome.
– Surgical procedures: It is advised to receive a
consent form signed by the patient.
• Implied consent (many possibilities):
A patient opening his or her mouth is
implying for the dentist to begin treatment.
Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED.
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Dental Records
• Subpoenas are court orders mandating
that an individual show up at a specific
time and date and with a specific reason to
testify.
– Dental records can also be subpoenaed.
– Confidentiality must be kept.
• Statute of limitations defines the period of
time in which legal action can take place.
Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED.
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Ethics
• Advertising is becoming more popular in the
dental profession but used to be thought of as
unethical.
– Satisfied customers are still the best advertising
source!
• Professional fees and charges are based on
what is customary to the locale and should
represent the difficulty in the procedure.
– Insurance processing and missed appointments could
result in fees.
Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED.
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Ethics
• Professional responsibilities and rights says
that dentists cannot refuse service based on
race, color, religion, national origin, or
sexual origin or because the patient has
human immunodeficiency virus. A dentist
cannot be influenced by personal gain.
Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED.
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Ethics
• ADAA principles and ethics and professional
conduct assumes the obligation of
maintaining and enriching the dental
profession.
• Dental assistants following ethics and
jurisprudence allow the dentistry profession
to advance, striving to maintain high
standards and staying within the law.
Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED.
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