Chapter 15 Legal issues and the radiographer

Legal issues and dental imaging

Federal and State Regulations

Who controls the use of dental x-ray equipment?

Both federal and state regulations

Legal issues and dental imaging

Federal and State Regulations

What does the consumer-Patient Radiation Health and Safety Act outline?

Requirements for safe use of equipment

proper maintenance of x-ray equipment

requires persons preforming procedures to be trained and certified

Legal issues and dental imaging

Federal and State Regulations

In addition to federal laws who else may affect the use of dental x-ray equipment?

State, county, and city laws

Legal issues and dental imaging

License Requirements

Who regulates who is qualified to expose dental images?

State Laws

Legal issues and dental imaging

License Requirements

T/F The certification required for dental assistants to perform dental imaging is the same from state to state

False; varies through states

Legal issues and dental imaging

License Requirements

What are the requirements for obtaining a license can be

1. Obtaining additional certification in dental imaging

2. Performing dental imaging procedures only under the direct supervision of the dentist

3. Following restrictions concerning the types of dental images that may be legally used

Legal Issues and the Dental Patient

Risk Management

Risk management refers

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.

Self-determination

person seeking dental care have legal right to make choices about care they receive, and opportunity to consent or refuse.

Legal Issues and the Dental Patient

Informed Consent

Before receiving dental treatment patient should be

Informed of various aspects of proposed treatment, including diagnostic of dental images

Legal Issues and the Dental Patient

Informed Consent

Who is responsible for the discussion of both treatment and diagnostic procedure of patient.

The dentist

Legal Issues and the Dental Patient

Informed Consent

What information should be shared to the patient about the need for dental images

1. Purpose and potential benefits of the images

2. Person responsible for performing the imaging procedure

3. Number and type of images used

4. Possible harm that may result if dental images are not exposed

5. Risks associated with x-ray exposure

6. Alternative diagnostic aids that may serve the same purpose as dental images

Legal Issues and the Dental Patient

Informed Consent

If informed consent is not obtained from a patient before the dental imaging procedure, a patient may legally claim

Malpractice or negligence

Legal Issues and the Dental Patient

Informed Consent

A patient’s consent to dental procedures is generally presumed valid if

it is obtained in a manner consistent with state laws, follows disclosure rules, and obtained freely from patient.

What situations shows lack of informed consent

• Complete lack of consent from the patient

• Consent obtained from an individual who has no legal right to give it (e.g., minor, incompetent adult)

• Consent obtained from an individual who is under the influence of drugs or alcohol

• Consent obtained by misrepresentation or fraudulent means

• Consent given by an individual under duress

• Consent obtained after incomplete disclosure

Legal Issues and the Dental Patient

Liability

Who is liable when axillary performs procedures?

supervising dentist and dental auxillary

Legal Issues and the Dental Patient

Liability

T/F According to state laws, dentist are not legally accountable to supervise performance of dental accountable.

False: are legally accountable

Legal Issues and the Dental Patient

Malpractice Issues

_________ in dental treatment occurs when the diagnosis made or the dental treatment delivered falls below the standard of care.

negligence

Legal Issues and the Dental Patient

Malpractice Issues

Standard of care is described as the

quality of care provided by dental practitioners in similar locality under the same or similar conditions.

Legal Issues and the Dental Patient

Malpractice Issues

If informed consent is not received before dental imaging procedure begins patient is able to claim negligence in all senses.

False: except in the case of implied consent

Legal Issues and the Dental Patient

Malpractice Issues

if dental images are exposed improperly and the patient is injured in some way as a direct result can patient claim negligence?

Yes

Statute of Limitations

Time period during which a patient may bring a malpractice action against the dentist or auxiliary

T/F time period of statute of limitation begins when the patient discovers (or should have discovered) that an injury has occurred as a result of dental negligence.

true

Patient Records

T/F Dental images are not an integral part of patient records.

False; they are

What does a dental record need to include

. Informed consent

2. Number and type of dental images exposed (including retakes)

3. Rationale for these dental images

4. An imaging report including diagnostic information obtained from the interpretation of the images

What is a non-privilege person?

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