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level: DENTISTS AND PROFESSIONAL LIABILITY

Questions and Answers List

level questions: DENTISTS AND PROFESSIONAL LIABILITY

Question	Answer
Encompasses all possible civil liability that a professional can incur as a result of professional acts	PROFESSIONAL LIABILITY
It is preferred over the term “malpractice” because the latter carries some negative evertones	PROFESSIONAL LIABILITY
the doing of some act which a reasonable and prudent dentist would not do, or the failure to do some act which such a person should or would do	Negligence
Negligence is a tort liability - when applied to the dental profession, negligence is called _________	malpractice
Dentists are not required to possess extraordinary learning and skill, but they must keep abreast with the latest developments and techniques, and they cannot ________	experiment
TRUE OR FALSE: Dentists are not bound to advise their patients if they discover that the condition to be treated is one beyond their knowledge or technical skill	FALSE
TRUE OR FALSE: When injury results to the patient through a dentist’s negligence, patient can legally initiate a malpractice suit to recover financial damages	TRUE
_____, or more appropriately ______, is the type of claim which a victim has available to him or her to redress a wrong committed by a dentist which has caused bodily harm	Malpractice; dental negligence
CLASSIFICATIONS OF PROFESSIONAL LIABILITY:simply means performance or doing of an act	Feasance
CLASSIFICATIONS OF PROFESSIONAL LIABILITY:the performing of an act that is wholly wrongful and unlawful	Malfeasance
CLASSIFICATIONS OF PROFESSIONAL LIABILITY:the improper performance of some lawful act	Misfeasance
CLASSIFICATIONS OF PROFESSIONAL LIABILITY:is the failure to do something that should have been done	Nonfeasance
Whoever by act or omission causes damages to another, there being fault or negligence, is obliged to pay for the damage done	QUASI-DELICT or TORTS
Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called	QUASI-DELICT or TORTS
civil wrongs that are done to clients; the person who is filing the suit seeks compensation for damages he feels he suffered as result of the action or activity in question	QUASI-DELICT or TORTS
FOUR D’S OF NEGLIGENCE:duty exists when the dentist-patient relationship has been established; that is, the patient has sought the assistance of the dentist and the dentist has knowingly undertaken to provide the needed dental service	DUTY
FOUR D’S OF NEGLIGENCE:dentists have a duty to use at least the same level of care that any other reasonably competent dentist would use to treat a condition under the same circumstances	DUTY
FOUR D’S OF NEGLIGENCE:proof of dereliction, or proof of negligence of an obligation; the breach of professional duties of skill and care, or their improper performance	DERELICT (Neglectful of Obligation)
FOUR D’S OF NEGLIGENCE:causation which is divided into two inquiries: whether the actions in fact caused the harm and whether these were the proximate cause of the injury	DIRECT CAUSE
FOUR D’S OF NEGLIGENCE: injury results from want of due care or skill; dentists may be held answerable in damages for negligence	DAMAGES
The burden of proving each of the four elements of negligence is on the ____	plaintiff
Failure to prove any one of the elements may result in ______ of the case	dismissal
Negligence cannot create a right of action unless it is the ______-; that which, in natural and continuous sequence, unbroken by an efficient intervening cause, produces injury and without which would not have occurred - of the injury	proximate cause
SOURCES OF PROOF OF STANDARD OF CARE: the written or verbal evidence given by a qualified expert in an area	Expert Witness
SOURCES OF PROOF OF STANDARD OF CARE: like textbooks, journal articles, etc. published by national organizations such as the PDA	Documentary Evidence
the thing which caused the injury complained of is shown to be under the management of the defendant or his servants and the accident is such as in ordinary course of things does not happen of those who have its management or control use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from or was caused by the defendant’s want of care"	DOCTRINE OF RES IPSA LOQUITOR
REQUISITES OF RES IPSA LOQUITOR:The accident is of a kind which ordinarily does not occur in the ______	absence of someone's negligence
REQUISITES OF RES IPSA LOQUITOR:It is caused by an instrumentality within the ______ of the defendant/s	exclusive control
REQUISITES OF RES IPSA LOQUITOR:The possibility of _________ which would make the plaintiff responsible is eliminated	contributing conduct
If the dentist, after a prolonged treatment of a patient which normally produces alleviation of the condition, fails to investigate non-response may be held liable if in the exercise of the care and diligence he could have discovered the cause of non-response	DOCTRINE OF CONTINUING NEGLIGENCE
Usually applied to foreign body cases, improper setting of broken bones, in the application of cast, and in wrongful diagnosis	DOCTRINE OF CONTINUING NEGLIGENCE
Anyone who voluntarily assumes the risk of injury from a known danger, if injured, is barred from recovery	DOCTRINE OF ASSUMPTION OF RISK
DOCTRINE OF ASSUMPTION OF RISK: This is based upon a maxim “___________”, which means that a person who assents and injured is not regarded in law to be injured, edicted upon knowledge and consent	violent non fit injuria
A dentist cannot be liable for negligence if the injury sustained by a patient is on account of unforeseen conditions	DOCTRINE OF FORSEEABILITY
DOCTRINE OF FORSEEABILITY: But, a dentist who fails to ______of the patient for want of the requisite skills and training is ________ by the patient if injury resulted thereto	ascertain to condition; answerable for the injury sustained
It provides that if an employee was injured on account of the negligence of his fellow employee, the employer cannot be held liable	FELLOW SERVANT DOCTRINE
Any person who, in good faith, renders emergency medical care or assistance to an injured person at the scene of the accident or other emergency without the expectation of receiving or intending to receive compensation from such injured person for such service, shall not be liable in civil damages for any act or omission, not constituting gross negligence, in the course of such care or assistance	RESCUE DOCTRINE
Under the rule, the tortfeasors are joint and severally liable, meaning the plaintiff-patient can recover damages in full from either	DEEP POCKET RULE
Liability will be compensated by an adjudged person by the court; adjudge person will be a rich person or _______-	deep pocket person
Tort liability: general	Negligence
Tort liability: applied to medical professionals	malpractice
TRUE OR FALSE: if you say yes to all elements of negligence, you are held liable	TRUE
TRUE OR FALSE: if you say yes to all but 1 element of negligence, you are held liable	FALSE
based on the assumption that a dentist is expected to sue a reasonable level of skill, knowledge, and care that is possessed by the other dentists of similar education and background	reasonable person rule
TRUE OR FALSE: you need both expert witness and documentary evidence as sources of proof of standard care because sometimes the witness will contradict what is established in the books	TRUE
TRUE OR FALSE: Res ipsa loquitor is also available in a malpractice suit if the only showing is that the desired result of an operation or treatment was not accomplished	FALSE
extraordinary events not foreseeable or avoidable, events that could not be foreseen, or which, though foreseen, are inevitable	Force majeure
an extra-ordinary natural event without human intervention that cannot be reasonably foreseen, avoided or prevented	Act of God
is an event which happens without any human agency or, if happening through human agency, an event which, under the circumstances, is unusual to and not expected by the person to whom it happens	Accident
It has also been defined as an injury which happens by reason of some violence or casualty to be insured without his design, consent, or voluntary cooperation	Accident
The principle embodied in the Act of God Doctrine strictly requires that the act must be one occasioned exclusively by the _______and all human agencies are to be excluded from creating or entering into the cause of the mischief	violence of nature
TRUE OR FALSE: An act of God cannot be invoked for the protection of a person who has been guilty of gross negligence in not trying to forestall its possible adverse consequences	TRUE
Although the Good Samaritan Law does not constitute a duty to rescue, nevertheless, the duty to rescue where it exists may itself imply a shield from liability, for example, one may be held liable, under ____ of the Revised Penal Code	Act 275
one may be held liable, under Act 275 of the Revised Penal Code, for Abandonment of person in danger or abandonment of one's own victim if: He fails to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when _________without detriment to himself, unless such omission shall constitute a more serious offense	he can render such assistance
one may be held liable, under Act 275 of the Revised Penal Code, for Abandonment of person in danger or abandonment of one's own victim if: He fails to help or render assistance to another whom he has________	accidentally wounded or injured
one may be held liable, under Act 275 of the Revised Penal Code, for Abandonment of person in danger or abandonment of one's own victim if: He, having found an abandoned child less than ___ years of age, fails to deliver said child to the authorities or to his family, or shall fail to take him to a safe place	seven