| An important legal protection is the right to give _________ to treatment | INFORMED 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 treatment | risks 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 exist | scientifically 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 ____ patient | capacitated |
| WHO CAN GIVE INFORMED CONSENT?if patient himself cannot give informed consent | spouse |
| WHO CAN GIVE INFORMED CONSENT?in case of minors | parent or natural guardian |
| WHO CAN GIVE INFORMED CONSENT?in case a person is incapacitated to give consent | guardian |
| WHO CAN GIVE INFORMED CONSENT? A legal guardian appointed by the ___ | court |
| WHO CAN GIVE INFORMED CONSENT? Duly appointed officers of the | Department 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 patient | Non-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 understand | Non-Consensual Medical Treatment and Procedure |
| The failure, without legal reason, to comply with the terms of contract | BREACH 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 contract | BREACH 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 contract | BREACH 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 promised | perform |
| 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 perform | impossible |
| 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 _____ perform | intention not to |
| TRUE OR FALSE: A contract may only be breached in whole | FALSE |
| 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 contents | Statute of Frauds |
| Contracts that must be in writing are:Sales of _____ | real property |
| Contracts that must be in writing are:Promises to _____ debt | pay someone else’s |
| Contracts that must be in writing are:A contract that takes longer than ____ to complete | one 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 state | 500 |
| Contracts that must be in writing are:A contract that will go beyond the ___________ the contract | lifetime of the one performing |
| Contracts that must be in writing are:The transfer of property ______ of the party performing the consent | upon 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 period | STATUTE OF LIMITATIONS |
| Every action has a corresponding period to perform | STATUTE OF LIMITATIONS |
| STATUTE OF LIMITATIONS: Within __ years from the time of negligence or malpractice | 6 |
| QUASI-DELICT:let the master answer”; the dentist may be held liable for the wrongful act of his or her dental assistant | Doctrine 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 silent | Doctrine of Ostencible Agent or Holding Out Theory or Agency by Estoppel |
| QUASI-DELICT: applicable to visiting dentists | Borrowed 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 him | Captain of the ship Doctrine |
| QUASI-DELICT:substitute liability | Vicarious 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 people | Private Charitable or Eleemonsynary Hospital |
| Vicarious Liability of Hospital - is under the State Immunity from Suit; government cannot be sued | Government 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 sue | Implied Waiver Theory |
| Vicarious Liability of Hospital - those patients in private charitable hospitals do not have a contract to the hospital, only the doctor | Doctrine 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 right | DAMAGES |
| amounts recoverable or that which can be awarded for the damage done or sustained | DAMAGES |
| is the legal invasion of a legal right | Injury |
| there can be damage without injury in those instances in which loss or harm was not the result of a violation of a legal right | Damnum Absque Injuria |
| If a damage results from a person’s exercising his legal rights, it is | Damnum Absque Injuria |
| IN ________ , the consequences must be borne by the injured person alone | Damnum Absque Injuria |
| Refer to the pecuniary loss suffered by a party as he has duly proved | ACTUAL DAMAGES |
| It is the ______________ that are most frequently involved in professional liability cases | compensatory or actual damages |
| actual damages cannot be granted unless supported by the ____ on record | evidence |
| Includes physical suffering, mental anguish, fright, serious anxiety, besmitched reputation, wounded feelings, moral shock, social humiliation, and similar injury | MORAL DAMAGES |
| TRUE OR FALSE: There is no hard and fast rule in the determination of what would be a fair amount of moral damages | TRUE |
| moral damages are not punitive in nature but are designed to ______ in some way the physical suffering, mental anguish, etc. unjustly caused to a person | compensate 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 party | proximate 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; and | wrongful 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 conspiracy | Unfounded suit |
| MORAL DAMAGES NOT RECOVERABLE ON CLEARLY UNFOUNDED SUIT:are more than nominal but less than compensatory damages | Temperate 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 requirements | Liquidated 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 court | Nominal damages |
| MORAL DAMAGES NOT RECOVERABLE ON CLEARLY UNFOUNDED SUIT:are imposed, by way of example or correction for the public good | Exemplary or Corrective Damages |
| RECORD OF INFORMED CONSENT IS KEPT FOR HOW MANY YEARS | 10 |
| 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 language | refer |
| 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 consent | interpreter |
| 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 on | Doctrine 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 therefrom | Doctrine 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 appreciate | voluntary consent, express or implied, to accept danger of a known and appreciated risk |
| As defense in negligence cases ___________-is the watchword of assumption of risk | Knowledge of the risk |
| defense for doctrine of respondeat superior | diligence of a good father of the family |
| in Vicarious Liability of Hospital, under the ____________ government hospitals during government functions are immune from suit | trust fund doctrine/ public policy theory |
| is the hurt, loss or harm, which results from the injury | Damage |
