UTHSC SPRING 2024 D3 JURISPRUDENCE FINAL QUESTIONS
WITH COMPLETE VERIFIED ANSWERS
Why do we have informed consent?
Because people have a right not to be touched
What is the charge for violating a person's right to not be touched?
Battery
What types of charges can battery bring?
criminal or civil
How does informed consent affect a patient's right not to be touched?
It waives it.
What is an example of implied consent?
patient sits in your chair
What is an example of expressed consent?
written or verbal confirmation
What forms of consent should we get?
general consent (form) and treatment plan consent- written is best
Why is informed consent needed?
Patient must understand what they are consenting to (or can say they didn't know what
they were getting into with treatment.)
What should we inform patients with informed consent?
- Health status, including their problem(s)
- Planned treatment
- Prognosis
- Alternative treatments - pros & cons
- Risks involved in each alternative
Why is it important not to have any surprises when doing informed consent?
Patient is less likely to be angry if problem was mentioned before the treatment
What do we tell people in informed consent documents?
,What a reasonable dentist would tell under the circumstances / what other practitioners
in your area tell the patient.
What factors affect informed consent?
- Patient's ability to understand
- Frequency of occurrence of problems
- Significance if a problem does occur
Why do you not want to tell everything possible in informed consent?
Too much detail can be problematic!
What should be in the Consent Forms?
1. Overall consent form
2. Add to chart, "Risks and benefits of each treatment was discussed with the patient
and the patient agreed to the selected treatment."
Note discussion of cost of the procedure or have a treatment contract.
Not either/or, but both
(Required written consent situations covered later.)
Consent is NOT the form, it is the
CONVERSATION
T/F It is your liability if you treat a patient without obtaining informed consent
True
Who can give informed consent?
Age 18+ yes, under 14 no (see exception)
What is a mature minor?
14-17 can give consent but in case of dispute, you must be able to prove that the child
understood the risks and benefits. Especially applies to married & emancipated (living
independently) minors.
T/F Any age - mentally incompetent cannot give consent
True
Oral Consent is binding, but what is the problem with it?
a lack of documentation proving what was agreed upon
notation in the record about an oral consent
will probably help but is it sufficient? Written & signed is better!
, telephone consent
Face to face & written is better especially when patient is a minor.
T/F Consent cannot be given, or conveyed on behalf of a parent, by a minor child
True
Written Consent is usually upheld by courts and is required/essential for what?
hospital practice, oral surgery practice and unusual cases:
- Sedation, restraint, general anesthesia, implants
Why should you avoid risky methods of obtaining consent?
Face-to-Face Conversation and Signed Consent Form GETS THE LAW ON YOUR
SIDE.
What are some risky methods of obtaining consent?
- Forms signed by mail
- Consent obtained by telephone
- Treatment changes of minor approved by phone
- Form delegating consent authority of a minor to a relative. (Legal document ok & used
in hospitals, but informal documents Too Risky?)
T/F Do Not Give Your Original Records to Anyone for Any Reason
True
When must you provide copies of your records?
- Another dentist requests them, with the patient's authorization
- They are subpoenaed
- The patient authorizes others to see them
Can you charge a fee to charge records?
Yes, a reasonable one
The importance of good records in your defense in court is unquestioned.
Altered or Lost records may be interpreted by jury to mean what?
that DDS is hiding something!
What says that Confidentiality of patient records is critical?
- HIPAA - Health Insurance Portability and Accountability Act of 1996: breaches of
privacy and security regulations can lead to litigation
WITH COMPLETE VERIFIED ANSWERS
Why do we have informed consent?
Because people have a right not to be touched
What is the charge for violating a person's right to not be touched?
Battery
What types of charges can battery bring?
criminal or civil
How does informed consent affect a patient's right not to be touched?
It waives it.
What is an example of implied consent?
patient sits in your chair
What is an example of expressed consent?
written or verbal confirmation
What forms of consent should we get?
general consent (form) and treatment plan consent- written is best
Why is informed consent needed?
Patient must understand what they are consenting to (or can say they didn't know what
they were getting into with treatment.)
What should we inform patients with informed consent?
- Health status, including their problem(s)
- Planned treatment
- Prognosis
- Alternative treatments - pros & cons
- Risks involved in each alternative
Why is it important not to have any surprises when doing informed consent?
Patient is less likely to be angry if problem was mentioned before the treatment
What do we tell people in informed consent documents?
,What a reasonable dentist would tell under the circumstances / what other practitioners
in your area tell the patient.
What factors affect informed consent?
- Patient's ability to understand
- Frequency of occurrence of problems
- Significance if a problem does occur
Why do you not want to tell everything possible in informed consent?
Too much detail can be problematic!
What should be in the Consent Forms?
1. Overall consent form
2. Add to chart, "Risks and benefits of each treatment was discussed with the patient
and the patient agreed to the selected treatment."
Note discussion of cost of the procedure or have a treatment contract.
Not either/or, but both
(Required written consent situations covered later.)
Consent is NOT the form, it is the
CONVERSATION
T/F It is your liability if you treat a patient without obtaining informed consent
True
Who can give informed consent?
Age 18+ yes, under 14 no (see exception)
What is a mature minor?
14-17 can give consent but in case of dispute, you must be able to prove that the child
understood the risks and benefits. Especially applies to married & emancipated (living
independently) minors.
T/F Any age - mentally incompetent cannot give consent
True
Oral Consent is binding, but what is the problem with it?
a lack of documentation proving what was agreed upon
notation in the record about an oral consent
will probably help but is it sufficient? Written & signed is better!
, telephone consent
Face to face & written is better especially when patient is a minor.
T/F Consent cannot be given, or conveyed on behalf of a parent, by a minor child
True
Written Consent is usually upheld by courts and is required/essential for what?
hospital practice, oral surgery practice and unusual cases:
- Sedation, restraint, general anesthesia, implants
Why should you avoid risky methods of obtaining consent?
Face-to-Face Conversation and Signed Consent Form GETS THE LAW ON YOUR
SIDE.
What are some risky methods of obtaining consent?
- Forms signed by mail
- Consent obtained by telephone
- Treatment changes of minor approved by phone
- Form delegating consent authority of a minor to a relative. (Legal document ok & used
in hospitals, but informal documents Too Risky?)
T/F Do Not Give Your Original Records to Anyone for Any Reason
True
When must you provide copies of your records?
- Another dentist requests them, with the patient's authorization
- They are subpoenaed
- The patient authorizes others to see them
Can you charge a fee to charge records?
Yes, a reasonable one
The importance of good records in your defense in court is unquestioned.
Altered or Lost records may be interpreted by jury to mean what?
that DDS is hiding something!
What says that Confidentiality of patient records is critical?
- HIPAA - Health Insurance Portability and Accountability Act of 1996: breaches of
privacy and security regulations can lead to litigation
