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level: DENTISTS AND CIVIL LIABILITY: INFORMED CONSENT

Questions and Answers List

level questions: DENTISTS AND CIVIL LIABILITY: INFORMED CONSENT

QuestionAnswer
An important legal protection is the right to give _________ to treatmentINFORMED CONSENT
A dentist who performs a procedure on a client without informed consent may be found civilly liable for committing ____battery
The basic principle of informed consent is that, after having been properly educated by the dentist about the ________of the proposed treatment, and about the ______, including the option of _____, the patient has the right to ____ whether to submit to treatmentrisks and benefits; viable treatment options; no treatment; choose freely
Unless the dentist has provided the patient with ___________ about the treatment, a state of informed consent does not existscientifically valid, accurate information
Unless the dentist has provided the patient with scientifically valid, accurate information about the treatment, a state of informed consent does not exist. That means that the ____not the ____, is legally liable for any bad outcome was possible.dentist; patient
WHO CAN GIVE INFORMED CONSENT? Any ____ patientcapacitated
WHO CAN GIVE INFORMED CONSENT?if patient himself cannot give informed consentspouse
WHO CAN GIVE INFORMED CONSENT?in case of minorsparent or natural guardian
WHO CAN GIVE INFORMED CONSENT?in case a person is incapacitated to give consentguardian
WHO CAN GIVE INFORMED CONSENT? A legal guardian appointed by the ___court
WHO CAN GIVE INFORMED CONSENT? Duly appointed officers of theDepartment of Social Welfare and Development (DSWD)
SUBJECT MATTER OF THE INFORMED CONSENT: before a dentist could do a physical examination, the proper consent must be given by the patientNon-Consensual Physical Contact
SUBJECT MATTER OF THE INFORMED CONSENT: the patient has the right to be informed regarding procedures, risks, and alternatives, and answers to questions with respect to treatment, in terms that they can be reasonably expected to understandNon-Consensual Medical Treatment and Procedure
The failure, without legal reason, to comply with the terms of contractBREACH OF CONTRACT
It is also defined as the failure without legal reason excuse, to perform any promise which forms the whole or part of the contractBREACH OF CONTRACT
Is the existence of an agreement or bargained-for exchange where one of the parties fails, without a legally valid excuse, to live up to his or her responsibilities under the contractBREACH OF CONTRACT
is an agreement between two or more parties that creates an obligation to do or not do anything.contract
A breach of contract usually occurs by one or more of the parties in one of the following ways:Failing to ____as promisedperform
A breach of contract usually occurs by one or more of the parties in one of the following ways:Making it ___ for the other party to performimpossible
A breach of contract usually occurs by one or more of the parties in one of the following ways:Making it known there is an _____ performintention not to
TRUE OR FALSE: A contract may only be breached in wholeFALSE
Under the ______, certain enumerated agreements and transactions made shall be unenforceable by action unless the same, or some note or memorandum thereof, be in writing, and subscribed by the party charged or by his agent; evidence, therefore, of the agreement cannot be received without the writing, or a secondary evidence of its contentsStatute of Frauds
Contracts that must be in writing are:Sales of _____real property
Contracts that must be in writing are:Promises to _____ debtpay someone else’s
Contracts that must be in writing are:A contract that takes longer than ____ to completeone year
Contracts that must be in writing are:Property leases for more than ____one year
Contracts that must be in writing are:Contracts for more than a certain amount of money, the amount of which is set by the state500
Contracts that must be in writing are:A contract that will go beyond the ___________ the contractlifetime of the one performing
Contracts that must be in writing are:The transfer of property ______ of the party performing the consentupon the death
the principle of the Statute of Frauds only applies to _____ and not contracts either partially or totally performed.executory contracts
The Statute of Frauds was enacted for the purpose of preventing ___fraud.
The Statute of Frauds makes only ineffective actions for specific performance of contracts covered by it; it does not declare them ____ and of ____.absolutely void; no effect
Refers to the prescription periodSTATUTE OF LIMITATIONS
Every action has a corresponding period to performSTATUTE OF LIMITATIONS
STATUTE OF LIMITATIONS: Within __ years from the time of negligence or malpractice6
QUASI-DELICT:let the master answer”; the dentist may be held liable for the wrongful act of his or her dental assistantDoctrine of Respondeat Superior
QUASI-DELICT:a dentist with people using the dentist’s name as an agent even without permission, the dentist can be held liable if the dentist remains silentDoctrine of Ostencible Agent or Holding Out Theory or Agency by Estoppel
QUASI-DELICT: applicable to visiting dentistsBorrowed servant Doctrine
QUASI-DELICT: the surgeon is likened to a ship captain who is responsible for everything that goes wrong in the operating room, including those acts done by those under himCaptain of the ship Doctrine
QUASI-DELICT:substitute liabilityVicarious Liability of Hospital
Vicarious Liability of Hospital - also cannot be sued because it sources its funds from charity or donations of funds to help other peoplePrivate Charitable or Eleemonsynary Hospital
Vicarious Liability of Hospital - is under the State Immunity from Suit; government cannot be suedGovernment or Public Hospital
Vicarious Liability of Hospital - those entering private charitable or government hospital cannot sue the hospitals, implying their waiver of this right to sueImplied Waiver Theory
Vicarious Liability of Hospital - those patients in private charitable hospitals do not have a contract to the hospital, only the doctorDoctrine of Independent Contractor
May be defined as the pecuniary compensation, recompense, or satisfaction for an injury sustained, or as otherwise expressed, the pecuniary consequences which the law imposes for the breach of some duty or the violation of some rightDAMAGES
amounts recoverable or that which can be awarded for the damage done or sustainedDAMAGES
is the legal invasion of a legal rightInjury
there can be damage without injury in those instances in which loss or harm was not the result of a violation of a legal rightDamnum Absque Injuria
If a damage results from a person’s exercising his legal rights, it isDamnum Absque Injuria
IN ________ , the consequences must be borne by the injured person aloneDamnum Absque Injuria
Refer to the pecuniary loss suffered by a party as he has duly provedACTUAL DAMAGES
It is the ______________ that are most frequently involved in professional liability casescompensatory or actual damages
actual damages cannot be granted unless supported by the ____ on recordevidence
Includes physical suffering, mental anguish, fright, serious anxiety, besmitched reputation, wounded feelings, moral shock, social humiliation, and similar injuryMORAL DAMAGES
TRUE OR FALSE: There is no hard and fast rule in the determination of what would be a fair amount of moral damagesTRUE
moral damages are not punitive in nature but are designed to ______ in some way the physical suffering, mental anguish, etc. unjustly caused to a personcompensate and alleviate
BASIS OF AWARD OF MORAL DAMAGES: Such damages, to be recoverable, must be the _____ of a wrongful act or omission of the factual basis for which is satisfactorily established by the aggrieved partyproximate result
CONDITIONS FOR AWARD OF MORAL DAMAGES: First there must be an ____, whether _____,_____,_____< clearly sustained by the claimant;injury; physical, mental or psychological
CONDITIONS FOR AWARD OF MORAL DAMAGES: second, there must be a ______ factually established;culpable act or omission
CONDITIONS FOR AWARD OF MORAL DAMAGES: third, the ____ of the defendant is the ____of the injury sustained by the claimant; andwrongful act or omission; proximate cause
CONDITIONS FOR AWARD OF MORAL DAMAGES: fourth, the award of damages is predicated on any of the cases stated in _____of the Civil Code.Article 2219
MORAL DAMAGES NOT RECOVERABLE ON CLEARLY UNFOUNDED SUIT: suit that is groundless, malicious, without probable cause, or part of conspiracyUnfounded suit
MORAL DAMAGES NOT RECOVERABLE ON CLEARLY UNFOUNDED SUIT:are more than nominal but less than compensatory damagesTemperate or Moderate damages
MORAL DAMAGES NOT RECOVERABLE ON CLEARLY UNFOUNDED SUIT:a predetermined or specified amount of money that must be paid as damages if one party fails to meet certain contractual requirementsLiquidated Damages
MORAL DAMAGES NOT RECOVERABLE ON CLEARLY UNFOUNDED SUIT:a small sum of money awarded to a plaintiff to commemorate the fact the plaintiff won their civil case in courtNominal damages
MORAL DAMAGES NOT RECOVERABLE ON CLEARLY UNFOUNDED SUIT:are imposed, by way of example or correction for the public goodExemplary or Corrective Damages
RECORD OF INFORMED CONSENT IS KEPT FOR HOW MANY YEARS10
COMMUNICATION/LANGUAGE BARRIER ISSUES IN INFORMED CONSENT TAKING: If there is no way to communicate with the patient and give informed consent, you may___ the patient to other facilities who can understand the languagerefer
COMMUNICATION/LANGUAGE BARRIER ISSUES IN INFORMED CONSENT TAKING: If patient is persistent on being treated at your clinic, then an ___ is required in order to have informed consentinterpreter
COMMUNICATION/LANGUAGE BARRIER ISSUES IN INFORMED CONSENT TAKING: Interpreter should be _____honest and dependable
COMMUNICATION/LANGUAGE BARRIER ISSUES IN INFORMED CONSENT TAKING: Interpreter should affix his/her ____to signify that the translation is ____signature; successful
applies to any facet of the activity inherent in it and to any open and obvious condition of the place where it is carried onDoctrine of assumption of risk
means that one who voluntarily exposes himself to an obvious, known and appreciated danger assumes the risk of injury that may result therefromDoctrine of assumption of risk
the person injured has consented to relieve the defendant of an obligation of conduct toward him and to take his chance of injury from a known risk, and whether the former lids exercised proper caution or not is immaterial. In other words, it is based on _________________________________; it may sometimes include acceptance of risk arising from the defendant's negligence, but one does not ordinarily assume risk of any negligence which he not know and appreciatevoluntary consent, express or implied, to accept danger of a known and appreciated risk
As defense in negligence cases ___________-is the watchword of assumption of riskKnowledge of the risk
defense for doctrine of respondeat superiordiligence of a good father of the family
in Vicarious Liability of Hospital, under the ____________ government hospitals during government functions are immune from suittrust fund doctrine/ public policy theory
is the hurt, loss or harm, which results from the injuryDamage