Dental JurisprudenceDental Jurisprudence

Is the science dealing with Is the science dealing with law applied to dentistry law applied to dentistry

Dental JurisprudenceDental Jurisprudence

Includes :Includes :

Professional liabilityProfessional liability

Professional incorporationProfessional incorporation

Other legal aspects of the practice of Other legal aspects of the practice of dentistrydentistry

Malpractice Malpractice (Negligence)(Negligence)

Professional NegligenceProfessional Negligence

NegligenceNegligence

The failure to use due careThe failure to use due care

OrOr

The lack of due careThe lack of due care

PreventionPrevention

The best defense against The best defense against malpracticemalpractice

Prevention includes the Prevention includes the following:following:

I- Silence is golden:I- Silence is golden:

a- the DA must never make a- the DA must never make critical remarks about dental tx critical remarks about dental tx done by the dentistdone by the dentistb- the DA should never discuss b- the DA should never discuss ptspts

II- Consent:II- Consent:a- When a pt enter the dental clinic he gives a- When a pt enter the dental clinic he gives implied consent, at least for the dental implied consent, at least for the dental examinationexamination

b- The pt must have the ability to give consentb- The pt must have the ability to give consent

c- written consent preferable than verbal c- written consent preferable than verbal consent consent

III- RecordsIII- Records

a- all pt records should be written in ink, a- all pt records should be written in ink, accurate, complete, detailed and up to date at accurate, complete, detailed and up to date at all timesall times

b- these records should be handled and b- these records should be handled and protected as a valuable documentprotected as a valuable document

c- Ideal records which are acceptable in court, c- Ideal records which are acceptable in court, will clearly and legibly show the date and the will clearly and legibly show the date and the services provided for each ptservices provided for each pt

III- RecordsIII- Records

d- Records should show the complete tx d- Records should show the complete tx done for the pt to indicate that nothing was done for the pt to indicate that nothing was neglectedneglected

e- All charts, diagnosis, radiographs, e- All charts, diagnosis, radiographs, consent, forms, dated medical histories, consent, forms, dated medical histories, carbon copies of medical and laboratory carbon copies of medical and laboratory prescription should be filed in the pt’s prescription should be filed in the pt’s record folder record folder

III- RecordsIII- Records

f- Records should include notation of any f- Records should include notation of any broken appointments or last minute broken appointments or last minute cancellationcancellation

g- if the pt discontinues tx, the records g- if the pt discontinues tx, the records should indicate the decision should indicate the decision

IV- RadiographsIV- Radiographsa- these are important diagnostic aids a- these are important diagnostic aids and legal safeguardsand legal safeguards

b- if the pt refuses radiographs; a notation b- if the pt refuses radiographs; a notation of this and signed by the pt should be of this and signed by the pt should be included in his reportincluded in his report

c- the dentist legally owns the c- the dentist legally owns the radiographs and they should be retained radiographs and they should be retained with the pt’s record. If necessary a with the pt’s record. If necessary a duplicate may be givenduplicate may be given

V- Care of instrumentsV- Care of instruments

a- all instrument must be sterilized carefullya- all instrument must be sterilized carefully

b- all instruments and equipment should be b- all instruments and equipment should be maintained in perfect working ordermaintained in perfect working order

c- all instruments should show c- all instruments should show NONO signs of signs of blood, rust, or excessive wearblood, rust, or excessive wear