Law and Current Practice Standards

Civil Law • Breach of legal duty against a person • Damages have occurred • Person receives damages

Criminal Law • Established for preventing harm against society • Also includes punishment • Punishment is based on society’s rules • Could be fines or prison terms • Proof must be beyond a reasonable doubt

Tort Law  Latin word meaning wrong or injustice  To provide damages to victims  Provide compensation for losses  Affects all areas of life:  Pet owners  Drivers  Doctors  Manufacturers  Property owners

Negligence  Failure to do what a reasonable and prudent would do under the circumstances  Also referred to as malpractice

Malpractice  Refers to negligence or misconduct by a professional  Failure to meet a standard of care  Patient is injured as a result of error

Trespassing  Entering someone’s land or property without permission

Libel  Written defamation  Must be false  Individual’s reputation harmed

Slander  Verbal defamation  Comment must be false  Individual’s reputation harmed

Express Contract  Contract between oral health practitioner and patient  The terms are expressed  Either verbal or written terms

Implied Consent  Contract between oral health practitioner and patient  Can begin in a number of situations  Includes professional acts (taking x-rays)

Implied Consent  Or expressing professional opinion  No written contract  It is a contractual relationship

Quasi Contract  An agreement between 2 parties  Without previous obligations to one another  Has been created and legally recognized by the courts  Arranged and imposed by a judge  To correct a situation where one person gets something at the expense of the other

Breach of Contract  Failure to perform a promise  Contract is between 2 or more consenting and competent parties  Contract exists between RDH and patient

Express Consent  Communicate your permission clearly and directly  Sign medical waivers  You can also make a clear verbal statement  Written permission is better

Informed Consent  Process of sharing information  While addressing questions and concerns  For treatment – it must be obtained and documented  Patients must know :  Nature of treatment  Expected

Reasonable Care  The degree of caution and concern  An ordinary prudent or rational person  Would use in similar circumstances  Standard used to determine a legal duty  And whether such a duty was fulfilled

Agency Relationship  Principal and agent create an agency relationship  Business relationship  Principal gives legal authority to an agent  To act on principal’s behalf-with their best interests in mind  When dealing with a third party

Jurisprudence  The theory or philosophy of law  The study, knowledge or science of law  A legal system