Transcript Chapter 3 Ethics and Law

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