Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED. 1 Chapter 31 Ethics and Jurisprudence

Copyright © 2004 by Delmar Learning, a division of Thomson Learning, Inc. ALL RIGHTS RESERVED. 2 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. 3 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. 4 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. 5 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. 6 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. 7 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. 8 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. 9 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. 10 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. 11 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. 12 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. 13 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. 14 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. 15 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.