Dental Jurisprudence

Flashcards covering key vocabulary and concepts in dental jurisprudence and ethics.

Jurisprudence

The philosophy of law or a system of laws.

Dental Jurisprudence

The application of the principles of law as they relate to the practice of dentistry.

Unethical

Against the code of conduct.

Illegal

Contrary to the law, constitution, penal code, ordinance.

Plaintiff(accuser)

A person bringing the legal action which accuses another of wrongdoing.

Defendant (accused)

A person whom legal action is being brought against.

Judge

A person in a court who has the authority to make decisions on cases brought before a court of law.

Jury

A body of persons legally selected and sworn to inquire into any matter of fact submitted to them and to give their verdict according to evidence.

Tort

A wrongful act that results in injury to one person by another.

Tort Law

Division of civil law covering the rights and duties of people toward each other and wrongs committed in violation of these rights and duties.

Assault

A threat or attempt to touch or inflict verbal or physical (without consent) attack on a person.

Battery

The actual touching - offensive touch or use of force on a person without consent.

Defamation of character

Injury to another by written/spoken words.

Invasion of privacy

When patient records or any unwanted publicity and exposure is given to the public.

Fraud

Deliberate deception that is practiced to secure unfair/unlawful gain.

Admission against interest

Statement made by an individual which serves to defeat his or her own interests.

Res gestae

Latin term meaning "Things done or part of the action". Statements made spontaneously at the time of the alleged negligent act are admissible as evidence.

Contributory negligence

Failure on the part of the patient to follow the dentist's instructions during and after treatment.

Malpractice

Professional negligence. Failure to perform one's professional duties completely.

Culpa

Negligence.

Dolo

Intentional

Immediate cause

Normally what appears in death certificate.

Proximate cause

What prompted him to be sent to the hospital for immediate treatment.

Malpractice

Professional Negligence. Failure to perform one’s professional duties completely.

Negligence

It is a failure to do something which a reasonable man will do or doing something which prudent and reasonable man would not do.

Reasonable (prudent) person

A reasonable person is expected to do those things that are appropriate in a given situation.

Negligence

Unintentional action, unplanned actions, injuries result.

Negligence

Actions are not caused by someone deliberately wishing to cause harm.

Intentional torts

Deliberately wishing to cause harm

Four basic elements of negligence

Duty, Breach of Duty, Causation, Damages.

Gross negligence

The negligence was so careless it showed a complete lack of concern for the safety of others.

Comparative negligence

Plaintiff is marginally responsible for the injuries to himself. The plaintiff may be required to pay a percentage of the damages in a comparative negligence case.

Contributory negligence

Plaintiff caused his own injury in any manner, he cannot collect damages at all.

Mixed Contributory & Comparative Negligence

If the plaintiff is determined to be more than 50% responsible for his own injury, they may receive only a percentage of damages, or none at all.

Vicarious liability

The defendant is held responsible for the actions of another person or animal.

Criminal negligence

Arises in case of death or serious injury to a patient. The degree of negligence must be so grave as to go beyond a matter of compensation.

Professional negligence

Absence of reasonable care and skill, or willful negligence of a medical practitioner in the treatment of patient which causes bodily injury or death of patient

Failure to use due care or lack of due care

An act or omission by a health care provider that deviates from what is the accepted standards of practice in the medical/ dental community.

Dental malpractice

Professional negligence by a healthcare professional that leads to an injury or complications on the part of the patient.

Imputed negligence

A legal doctrine that assigns liability for an injury to a person who did not cause the injury but who has a particular legal relationship to the person who did act negligently.

Strict liability

"Let the master answer"

Subpoenas

Court orders mandating that an individual show up at a specific time and date and with a specific reason to testify.

Statute of limitations

Defines the period of time in which legal action can take place.

Good Samaritan Law

Protection for those individuals who are not seeking payment but are rendering medical assistance to the injured (emergencies).

Contract of Service

The subject matter of the contract must be legal, the contracting parties must reach an agreement, there must be a consideration involved in the contract, and the parties must have contractual capacity (legally competent)

Quasi-contract

A relief given by the court.

Acts Involving Ignorance, Negligence, Unskillfulness or Moral Turpitude Resulting in Some Injury to the Patient

Failure on part of the dentist to properly perform his duty due to his ignorance, negligence, unskillfulness or moral depravity result in injury to the patient.

Professional Misconduct

Conduct considered as disgraceful or dishonorable by professional brethren of good repute competency.

Res Ipsa Loquitor

The thing speaks for itself – it readily provides, the document speaks for itself then there is no room for interpretation.

A patient's right to self determination

Must be informed and voluntary; diagnosis, treatment plan chosen and why, risks, complications and benefits involved, prognosis of the treatment and consequences if treatment is not done.

Informed Consent

Brand, Benefits, Risks, Alternatives, Treatment and Documentation.

Informed Consent based on information about

The name of the operation, nature of thr proposed treatment, what the operation involves, the potential complications, the special precautions required postoperatively, the limitations of treatment, the success rate of the operation, how the patient will feel after treatment and what happens on admission.

Purposes of Professional Regulations

Protect the citizen of the country from abuse and neglect, provides the benchmark of quality and excellent service of the different health professionals and minimize if not eradicate the ail effects of competence in legal practice of profession.

Board of Dentistry

An organization that as far as dentist’s are concern of. They function to double check if the dentist is performing her duty well and it involves upto how the dentists are qualified to take examinations.

Dental Technologist

Refers to a person who is a holder of a valid certificate of registration and professional identification card and who renders technical services such as mechanical construction of artificial denture and other oral devices under the supervision of a licensed dentist, and has finished a two-year certificate course in dental technology from any government recognized school.

Dental Hygienist

Refers to a person who is a holder of a valid certificate of registration and professional identification card and has undergone a two year course in dental hygiene from a government recognized school under a college of dentistry and passing the prescribed board examination for dental hygienist, renders oral health promotion and preventive measures, performs scaling and polishing, oral examination, taking brief clinical history, taking radiograph, and giving oral health education to patients under the supervision of a licensed dentist.

Article 12, Section 14, Philippine constitution

The practice of all profession in the Philippines shall be limited to Filipino citizens, as prescribed by law.

Foreign Reciprocity (Section 31)

People (esp. India) mostly go study dentist here because studying dentistry in the Philippines is cheap compared to other countries and when they receive their recognition here, when they go home, they are a full pledge dentist.

What is PRC Modernization act of 2000?

Republic Act 8981.

Quasi-Judicial

Investigate cases against eering examinees and professionals.

Quasi- legislative

Formulate rules and policies on professional regulations. These rules have the force and effect of law.

Executive

Administer, implement, and enforce the regulatory policy of the national government including the maintenance of professional and obligations standards in ethics and enforcements of the rules and regulation.

Act No. 593 – Jan. 10, 1903

Under American regime and The 1st dental law.

RA 9484 - February 19, 2007

Philippine congress passed and February 19, 2007 onwards

SECTION 33 PENAL PROVISION

Is the chance (section 33 of penal provision) would give max 5 years if convicted the jail time versus community.

PDA

Philippine Dental Association.

Planned government Intervention (Ladderized dental education)

To make dental education more attracted to younger generations and to increase job opportunities for students going for a dental degree.

Captain Cheng-Cheng Arevalo

Dr Cheng-Cheng, First Filipino dentist in the country and He’s a sculptor by occupation and expert in carving tooth and plate on a single ivory piece.

Antonio Vergel de Dios

Graduated from University of Pennsylvania, college of dentistry with the degree of doctor of dental surgery on May 10, 1898.

Dr. Gregorio R. Mateo

Also introduced gold porcelain fixed bridge which became popular with the rich people during that time.

Dr. Juanito Arevalo

Introduced in the Philippines the gold foil filling. It became a craze among young people

Dr. Antonio de Asis

Introduced a kind of general anesthesia which he named Somnigen and literally means 'a substance which produces sleep'

WHAT IS REPUBLIC ACT 4419

An act to regulate the practice

Sec. 5. Composition of the Board.

There is hereby created a Professional Regulatory Board of Dentistry, hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission (PRC).

Who shall appoint the Board?

The Board shall be appointed by the President of the Philippines from the recommendees chosen and ranked by the Commission from a list of nominees submitted by the accredited and integrated professional organization.

ARTICLE II

To be compliant with the National Internal Revenue Code of 1997, as amended, Bureau of Internal Revenue (BIR) Rulings pertaining to national taxes and other related laws, a dental technologist must pay all taxes and obligations due promptly and honestly.

Section 19. Building a Dental Practice

The dentist, dental hygienist, or dental technologist shall make his/her practice known in a manner befitting a professional

Section. 27. Effectivity

Code shall take effect after fifteen (15) days following the full and complete publication thereof In the Official Gazette, or any newspaper of general circulation in the Philippines.

Dental Ethics is defined as

"The moral duties and obligations of a dentist towards his/her patients, professional colleagues and society"

The FDI World Dental Federation International Principles of Ethics for the Dental Profession Should Be Considered As What Kind Of Guidelines For Every Dentist?

Hippocratic Oath

SECTION 1. Title of Act.

Philippine Dental Hygienist Law.

SECTION 2. Board of Dental Examiners.

The Board of Dental Examiners shall be the examining and licensing board of dental hygienists.

what happened After satisfactorily passing the examination?

The applicant shall be issued a license as a dental hygienist.

Which Section is this? - This Act shall not be construed to affect or prevent the practice of other legally established professions in the Philippines.

Act not affecting other professions.

TITLE XIV. QUASI OFFENSES – SOLE CHAPTER – CRIMINAL NEGLIGENCE ARTICLE 365. IMPRUDENCE and NEGLIGENCE

ANY act that is not really the intentional.