Chapter 31 Ethics and Jurisprudence Copyright 2004 by

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. 2

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. 3

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. 4

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. 5

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. 6

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. 7

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. Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED. 8

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). Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED. 9

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 Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED. 10

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. 11

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. 12

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. 13

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. 14

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. 15