Dental Law Dental Law Dental Law, Exams of Dentistry

Download Dental Law Dental Law Dental Law and more Exams Dentistry in PDF only on Docsity! Dental Law Two categories of statutory law - Civil & Criminal Criminal law in dentistry (felony) - Insurance fraud and drug abuse Criminal law in dentistry (misdemeanor) - Not following infection control Criminal law (infraction) - Not paying dental license renewal fees Civil law in dentistry (contract law) - Written contract violation Civil law in dentistry (administrative law) - Regarding government agencies like OSHA Civil law in dentistry (torts) - Bringing harm to a person or property (malpractice) State Dental Practice Act - Document of law that specifies legal requirements for practicing dentistry in a particular state Reasons for revoking dental license (pt.1) - Unprofessional conduct, incompetence, gross negligence or repeated negligence. Reasons for revoking dental license (pt.2) - Conviction of a crime substantially related to the functions of a dental assistant. Direct supervision "D" - The assistant may perform the duty under the Direct supervision of a dentist. supervision of dental procedures based on instructions given by a licensed dentist who must be physically present. "C" - Assistant may perform a duty under the supervision of a dentist, RDH, or RDH in alternative practice. "DD" - Supervising dentist is responsible for determining the proper practice of an assistants duty. Respondeat Superior - "Let the master answer" an employer is vicariously liable for the behavior of an employee working within his or her scope of employment When is the DA or RDA responsible? - When doing something illegal patient record - a compilation of a patient's health information. Or patient with a dental plan made after an examination by a licensed dentist. Dentist's responsibility to patients: - -Use reasonable skill care and judgement. -Use standard drugs materials & techniques. -Due care Due care: - Just, proper, and sufficient care, or the absence of negligence. standard of care - If a general dentist is performing a duty that should have been referred out he/she will be held to the Standard of Care of a specialist Patient's responsibility - -pay reasonable and agreed upon fee -follows instructions for their home care Abandonment of patient - -Discontinuation of care on a patient of record. -leaving town without coverage -dentist may refuse treatment on patient not based on color, race, disease or disability. Malpractice (professional negligence) - Omission and commission Omission - not doing something that should have been done. Ex. Failure to x-ray commiseration - Doing something that should not have been done. Ex. Extracting the wrong tooth. Four D's of malpractice (must all be present for lawsuit to be successful) - Duty, Derelict, Direct Cause, Damage 4 D's - Duty - Must be a dentist to patient relationship to establish duty. 4 D's - derelict (negligence) -