1. Ethics and Jurisprudence

2. Jurisprudence  Laws that govern  Dental Jurisprudence Laws that govern dentistry.  What a Dentist  can do,  and cannot do. Ethics  Morals  Values  right or wrong. Tummy talkin’ to you Hair standing on end That “feeling” something is wrong.

3. Areas of Law Criminal Law.  Crimes against society Murder Bank robbery Assault Not commonly used in the dental setting. Civil Law.  Commonly used in the dental setting. Divided into two areas.  Contract Law. Didn’t do what you said you would do.  Tort Law Involves injury of one person by another. Most common in ‘dental’ lawsuits

4. Persons involved with a lawsuit. Plaintiff  Accuser  Person bringing the charges.  Initiates the lawsuit. Defendant  Person being accused  “defends” their self from the accusation”  Innocent until proven guilty……?

5. Persons involved with a lawsuit. Judge  Neutral person to decide case or sentence. Jury  Peers that decide guilt or innocence. 12 members Can’t decide.  Hung jury.

6. License to practice State Board of Dentistry.  Oregon Board of Dentistry. 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.

7. Dental Practice Act  Describes legal restrictions for: Dentists Hygienists Assistants  Lists duties allowed / disallowed EFDA EFODA  Protects public from incompetent practitioners

8. EFDA / EFODA Expanded Function Dental Assistant Expanded Function Orthodontic Dental Assistant  Certified through DANB  Advanced Skills Training Education Supervision  Direct Dentist is watching.  In-direct Dentist is in clinic/office aware of what you are doing.  General Dentist went to lunch (out of office), aware of what you are doing.

9. Legal terms Doctrine of Respondeat Superior  “let the master answer” Dentist is responsible for DA’s actions or comments.  Res gestae “part of the action” DA is agent of Dr. Used in court.

10. Legal Levels of Care Due Care  Minimum Tx  9 out of 10 dr’s would provide ‘this’ Tx  Same situation Standard of care  Better than ‘due care’  Tx of choice

11. Legal Levels of Care Negligence  Failure to provide ‘due care’  Legal term??? Malpractice Leads to a…..?  Lawsuit Oooops Should have had a ….? signed by the pt.

12. Contract Legal agreement between:  2 or more competent people  List: Dr. responsibilities Pt. responsibilities Expected outcome / results Consequences Gives consent.

13. Consent Legal term for…..  Giving permission  Implied Through actions  Opening mouth  Informed / written Aka ‘expressed’  Pt. signs a form

14. Ending a Contract Pt. fires dentist  Does NOT come back for Tx. Complete Tx  Contract is done. Dr. ‘fires’ pt.  Pt. not following instructions / directions Abandonment  Aka ‘desertion’  Dr. does not complete Tx according to the contract.  Dr. does not provide Tx when they should. To avoid a lawsuit  Must send pt. a formal letter.

15. Random Crimes Assault and Battery Assault is the verbal threat Battery is the ‘touching’

16. Random Crimes Defamation of character  Slander Saying something untrue  Libel Written untruth Widespread slander  TV, radio Example: You accuse someone of having AIDS, (they don’t). Fraud  Doing something for unlawful gain. Example: Sending a claim to an Ins. Co. for more treatment than actually performed. Keeping the extra $$$. Embezzlement  Stealing $$$ from a company / corporation. Federal Offense

17. Good Samaritan Law Protects people from lawsuits when…..  Helping during an emergency Car accident  Stay w/ in scope of training. No internal cardiac massage  Not receiving compensation No $$$

18. Conclusion Remember, people are looking to ‘sue’ for any reason.  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?