PROFESSIONAL RESPONSIBILITY II, UTHSC SPRING 2024 D3 JURISPRUDENCE
QUESTIONS AND VERIFIED ANSWERS UPDATED
Why do we need to become well-versed in the law around dentistry?
- The Law pervades dentistry
- You can get the Law on your side
- Avoid getting sued
- Get the Judge to dismiss your case
- Convince the jury you are innocent
What are the requirements for an expert witness?
Must Be knowledgeable of the Standard of Care in the Defendant's community.
- Expert witness must practice in same or similar community (LOCAL STANDARD OF
CARE)
T/F There is no national standard of care
True
What is the standard of care/DDS's duty to the patient?
To possess and exercise: That degree of skill, learning, knowledge & ability
- Ordinarily possessed and exercised by other dentists in the community.
Why is the standard of care not perfection?
- A bad result does not violate the Standard.
- No inherent guarantee of success or patient satisfaction.
- But you can invoke a guarantee by verbal contract.
- Write into record/tx contract, "There is no guarantee of success/pt satisfaction."
What must you have before you can treat a patient?
You must have the Patient's consent
- That consent must be "informed."
Normally, proof of violation of the Standard of Care requires what?
An expert witness to testify:
- As to what the Standard of Care is, relative to the circumstances of the case.
QUESTIONS AND VERIFIED ANSWERS UPDATED
Why do we need to become well-versed in the law around dentistry?
- The Law pervades dentistry
- You can get the Law on your side
- Avoid getting sued
- Get the Judge to dismiss your case
- Convince the jury you are innocent
What are the requirements for an expert witness?
Must Be knowledgeable of the Standard of Care in the Defendant's community.
- Expert witness must practice in same or similar community (LOCAL STANDARD OF
CARE)
T/F There is no national standard of care
True
What is the standard of care/DDS's duty to the patient?
To possess and exercise: That degree of skill, learning, knowledge & ability
- Ordinarily possessed and exercised by other dentists in the community.
Why is the standard of care not perfection?
- A bad result does not violate the Standard.
- No inherent guarantee of success or patient satisfaction.
- But you can invoke a guarantee by verbal contract.
- Write into record/tx contract, "There is no guarantee of success/pt satisfaction."
What must you have before you can treat a patient?
You must have the Patient's consent
- That consent must be "informed."
Normally, proof of violation of the Standard of Care requires what?
An expert witness to testify:
- As to what the Standard of Care is, relative to the circumstances of the case.
