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What Does MDA stand for?
Manitoba Dental Association
What does MDAA stand for?
Manitoba Dental Assistants Association
What does CDA stand for?
Canadian Dental Association
What does CDAA stand for?
Canada Dental Assistants Association
What does NDAEB stand for?
National Dental Assisting Examining Board
What does CDAC stand for?
Commission on Dental Accreditation of Canada
What was the first dental college?
Baltimore College of Dentistry
What significant thing did C. Edmund Kells do in 1885
First to employ a dental assistant
Who is legally responsible if something out of practice happens?
The dentist
Who falls under the dentist’s supervision?
Dental assistant, dental hygienist, dental laboratory technician
What responsibilities does a dental assistant have?
Seating and preparing patient, charting, taking vital signs, assisting dentist during procedures, ensuring patient comfort
In Winnipeg who is the regulatory body and scope of practice dental assistants would follow?
Manitoba Dental Association (MDA)
What is the purpose of the NDAEB?
Testing dental assistants and issuing credentials.
What does ethics refer to?
What you should do, not what you must do
If ethics deals with what you should do, what deals with what you must do?
The law
What does Autonomy mean?
Regard for self-determination
What does Nonmaleficence mean?
To “do no harm”
What does Beneficence mean?
Promotion of well-being
What does Statutory Law consist of?
Civil law and Criminal law
What does Civil Law consist of?
Contract law, Tort law, Administrative law
Contract Law: What is an Expressed Contract?
Established through written word or by verbal agreement. Used when treatment is extensive or take a long time to complete
Contract Law: What is an Implied Contract?
Established by actions (signs of pain/symptoms) and not through words. If patient comes in with toothache a dentist legally can examine since patient implies they want treatment.
What is a Tort Law?
Civil wrongdoing; Wrongful act by one that results in injury to another or damage to property
True or False: Tort Law can happen unintentionally OR can be done intentionally
True
In Tort Law, what is it called harm is caused unintentionally due to carelessness behaviour?
Negligence
Why does Licensure exist?
To protect the public from unqualified or incompetent practitioners
What are the 3 types of supervision
Direct, indirect, general supervision
What is Due Care?
(Dentist) must provide proper and sufficient care, or the absence of negligence
What is Malpractice?
Professional negligence, or the failure to use due care or the lack of due care
What are the four D’s in Malpractice?
Duty, derelict, direct cause, damages
True or False: All four D’s must be present for a lawsuit
True
What is Act of Omission?
FAILURE to perform an act that a “reasonable and prudent professional” would perform. Ex: Dentist does not probe or take periapical X-ray to diagnose if patient has abscesses
What is Act of Commission?
Performance of an act that a “reasonable and prudent professional” would NOT perform. Ex: Dentist administers 15 cartridges of anesthetic for a very small child
What does “Doctrine of Res Ipsa Loquitur” mean
“Thing speaks for itself”
What do the major areas of Risk Management (prevention of lawsuits) involve?
Excellent communication with patients
Maintaining accurate and complete records
Receiving informed consent
Doing everything possible to maintain the highest standards of clinical excellence
What should be done to avoid malpractice lawsuits?
If patients have:
The planned treatment
The results that can be reasonably be expected
The potential treatment complications
The patient’s financial obligations
Why is “Silence is Golden” important?
In the clinic there should be no critical remarks made about the dental treatment. Statements made spontaneously at the time of an alleged negligent act are admissible as evidence. Ex: “Whoops” or “Uh-oh”
What is Implied consent?
Given when the patient agrees to treatment or at least does not object. Less reliable form of consent in a court of law if there is a malpractice suit
What is Written consent?
The preferred method of obtaining and documenting the patient’s consent and understanding of procedure
What must the dentist do if a patient refuses treatment?
Informed refusal; Dentist must inform patient about likely consequences and obtain the patient’s informed refusal
True or False: Informed refusal releases the dentist from the responsibility of providing the standard care
False
True or False: For minor children, the parent, custodial parent, or legal guardian must give consent
True
How do you document Informed consent?
The patient’s record should indicate the patient received information about risks, benefits, and treatment alternatives and consented to or refused the proposed treatment
When is a Written Informed consent document recommended?
When treatment is:
Extensive
Invasive
Risky
True or False: The patient, the dentist, and a witness should sign the written consent form
True
What should an Informed consent form contain?
Nature of the proposed treatment
Benefits and treatment alternatives
Risks and potential consequences w/ not performing treatment
Other information as necessary
What is Contributory Negligence?
When the patient contributes to their own injury or harm due to their own negligence. Broken or canceled appointments must be noted in the patient’s record as it can be useful in legal action.
Who has ownership of dental records and radiographs?
The dentist
What does “Respondeat Superior” mean?
Latin for “Let the master answer”. Legal doctrine that holds an employer liable for acts of the employee; Dentist is held responsible
What is Dental Neglect?
The willful failure of a person or guardian to seek and obtain appropriate treatment for caries and oral infection
True or False: You can be sued for reporting your suspicions to protect a child
False
What does HIPAA stand for?
Health Insurance Portability and Accountability Act
What is the purpose of HIPAA?
Provide consumers with greater access to healthcare insurance
Protect the privacy of protected health information
Promote greater standardization and to enhance efficiency in healthcare industry
True or False: Dentists and all dental health professionals must follow the HIPAA regulations
True