Chapter 15: Legal Issues and the Dental Radiographer

What Act outlines requirements for the safe use of dental x-ray equipment?

Consumer Patient Radiation Health and Safety Act

Federal or State regulation

established requirements, including safety precautions, for the use of dental x-ray machines made and sold in the U.S

federal government

… laws regulate who is qualified to expose dental images.

state

True or False

in most cases, licensed dentist and dental hygienist are legally required to obtain additional certification to perform dental imaging procedures.

false

What may licensure requirements include?

• obtaining additional certification of continuing education hours

• exposing dental images only under direct supervision of a dentist

• following restrictions concerning the types of dental images that may be legally exposed

What refers to the policies and procedures that should be followed by the dental radiographer to reduce the chances of a patient taking legal action against the dental radiographer or the supervising dentist?

risk management

Persons seeking health care services, including dental care, have the right to …-…

self-determination

Information that should be provided to the patient include:

• purpose and potential benefits of the images

• person responsible for performing the imaging procedure

• number and type of images used

• possible harm that may result if dental images are not exposed

• risks associated with x-ray exposure

• alternative diagnostic aids that may serve the same purpose as dental images

The process of informing the patient about the particulars of dental imaging is termed …

disclosure

… … is defined as consent given by a patient after complete disclosure.

informed consent

True or False

a written consent form including the four elements may be used in obtaining informed consent

true

What happens if informed consent is not obtained from a patient before the dental imaging procedure?

• a patient may legally claim malpractice or negligence

What results when the dental practitioner is negligent in the delivery of dental care?

malpractice

What occurs when the diagnosis made or the dental treatment delivered falls below the standard of care?

negligence

What can be defined as the quality of care that is provided by dental practitioners in a similar locality under the same or similar conditions?

standard of care

True or False

negligence cannot be claimed if dental images are exposed improperly and the patient is injured in some way as a direct result

false

The time period where state laws govern the duration of time within which a patient may bring a malpractice action against the dentist or the auxillary is known as?

statue of limitations

what must be included in a patient’s dental record?

• informed consent

• number and type of dental images exposed

• rational for these dental images

• an imaging report including diagnostic information obtained from the interpretation of images

What is a non-privileged person?

an individual who is not directly involved in the treatment of the patient

Dental images are the property of the …

dentist