Deck 5: Dentistry and the Law

Question 1

The best defenses against a malpractice lawsuit are:

A)good dental assistants and dental records.
B)prevention and good communication with the patient.
C)a treatment plan and good billing practices.
D)a good dentist and an informed consent.

Answer 1

prevention and good communication with the patient.

Question 2

The concept of duty of care,or standard of care,is a:

A)legal concept that provides general boundaries.
B)law all dentists must follow.
C)law that provides specific steps that a dentist must follow.
D)black-and-white rule.

Answer 2

legal concept that provides general boundaries.

Question 3

A license to practice dentistry is issued by the:

A)American Dental Association.
B)state dental association.
C)state board of dentistry.
D)school from which the dentist graduated.

Answer 3

state board of dentistry.

Question 4

Which of the following is true regarding the unlicensed practice of dentistry?

A)Any function that is not expressly prohibited is permitted.
B)An assistant may only perform those functions that have been delegated.
C)Performing procedures that are illegal is permitted if the operator is unaware of the provisions of the dental practice act.
D)If the dentist asks an assistant to perform an expanded function that is not legal in that state, the assistant who does so is absolved of responsibility.

Question 5

What is the name of the doctrine that states that an employer is responsible for any harm caused by the actions of his or her employee while that employee is carrying out the employer's business?

A)Direct supervision
B)Expanded functions
C)Dentist's liability
D)Respondeat superior ("let the master answer")

Question 6

An act of _____ is failure to perform an act that a "reasonable and prudent professional" would perform.

A)endangerment
B)trauma
C)commission
D)omission

Question 7

________ refers to discontinuation of care,after treatment has begun but before it has been completed,and without giving the patient proper notice.

A)Malpractice
B)Neglect
C)Abandonment
D)Dereliction of duty

Question 8

________ is an agreement between two or more states to allow a dentist or dental hygienist who is licensed in one state to receive,usually without further examination,a license to practice in any of the other states.

A)Informed consent
B)Administrative law
C)Reciprocity
D)Tort law

Question 9

Consent for treatment of a minor child must be given by:

A)the child.
B)the parent.
C)the legal guardian.
D)both b or c.

Question 10

Who interprets and implements the state dental practice act regulations?

A)Each individual dentist, hygienist, or assistant
B)The governor of each state
C)The state legislature
D)The state board of dentistry

Question 11

Which of the following statements is true concerning statutory law?

A)There are four types of statutory law: criminal, civil, contract, and tort.
B)Criminal law involves crimes against society.
C)Civil law seeks to punish the offender, whereas criminal law seeks to compensate the victim.
D)Insurance fraud is an example of a civil act that may be committed in a dental office.

Question 12

Which of the following is a requirement of direct supervision?

A)Examination of the patient before delegating the procedure and again when the procedure is complete.
B)Examination of the patient before delegating the procedure but not when the procedure is complete.
C)Examination of the patient only when the procedure is complete.
D)Examination of the patient is not a requirement of direct supervision.

Question 13

The duty of care owed by a dentist to a patient includes:

A)being in the top half of his or her dental school class.
B)using standard drugs, materials, and techniques.
C)successful treatment.
D)using superior skill, care, and judgment.

Question 14

Informed patient consent means that the:

A)dentist has told the patient which treatment the dentist feels is best.
B)dentist must give the patient enough information about his or her condition and all available treatment options.
C)patient has chosen to enter the dental office.
D)dentist has written documentation of the patient's consent and understanding of the procedure.

Question 15

What are the "four Ds" that must be present for a malpractice suit against a dentist to be successful?

A)Duty, dereliction, direct cause, damage
B)Doctor, dereliction, damage, direct cause
C)Due care, dentist, damage, dereliction

Question 16

Implied consent is given for at least the dental exam,when:

A)the patient enters the dental office.
B)the patient signs the consent form.
C)the doctor goes over the treatment plan.
D)a child comes in without his or her parent for a checkup.

Question 17

Not doing something that should have been done is an act of:

A)omission.
B)commission.
C)civil disobedience.
D)breach of contract.

Question 18

The purpose of a state dental practice act is to offer:

A)guidelines for the moral conduct of the dental profession.
B)guidelines for dental assistants to follow.
C)laws to protect the public from incompetent dental healthcare providers.
D)protection for dentists from lawsuits.

Question 19

Statements made spontaneously by anyone at the time of an alleged negligent act are admissible as evidence,and may be damaging to the dentist and dental assistant in a court of law,under the concept of:

A)respondeat superior.
B)res gestae.
C)res ipsa loquitur.
D)direct cause.

Question 20

Insurance fraud is an example of a(n) _____ offense.

A)felony criminal
B)misdemeanor criminal
C)infraction criminal
D)civil

Question 21

Failure of a dentist to renew his or her dental license in time is an example of a(n) _____ offense.

A)felony criminal
B)misdemeanor criminal
C)infraction criminal
D)civil

Question 22

Which of the following would be considered competent to agree to an expressed contract?

A)Mentally incompetent person
B)Patient who has taken a sedative
C)Parent
D)Sixteen year old

Question 23

Failure of a dentist to achieve a reasonable result on orthodontic treatment that extends over a three-year period is an example of a case that could be tried under ________ law.

A)contract
B)tort
C)administrative
D)both a or b

Question 24

Which of the following is legally necessary to withdraw a patient from a dental practice?

A)Notice of termination must be in writing.
B)Care must continue 30 days beyond date of termination.
C)The reason for withdrawing should be given.
D)All of the above are legally necessary.

Question 25

Under which of the following situations may a dentist legally refuse treatment for a patient with HIV?

A)Treatment can be refused if the dentist feels uncomfortable.
B)Treatment can be refused if the patient has a condition that requires care of a specialist.
C)A dentist has the right to refuse treatment to anyone.
D)The dentist cannot refuse treatment under any circumstance.

Question 26

_____________ allows an individual currently licensed in one state to become licensed in another state if certain requirements are met.

A)Licensure by credential
B)Reciprocity
C)Licensure exemption
D)None of the above

Question 27

Failure of a dentist to follow guidelines established by OSHA is an example of a case that would be tried under ______ law.

A)contract
B)tort
C)administrative
D)criminal

Question 28

Which of the following is not a classification of criminal law?

A)Felony
B)Malpractice
C)Misdemeanor
D)Infraction

Question 29

A patient of record is a patient who has:

A)been examined by a licensed dentist.
B)been diagnosed by a licensed dentist.
C)had a treatment plan performed by a licensed dentist.
D)all of the above.

Question 30

Which of the following is not true of general supervision?

A)The dentist must authorize the specific procedures to be performed.
B)The procedures must be performed by a legally qualified dental auxiliary.
C)The dentist does not need to examine the patient before or after the treatment.
D)The dentist must be physically present when the procedures are performed.

Question 31

A tort can only occur if intentional wrongdoing occurs.

Question 32

Who owns the patient's original dental records?

A)The patient
B)The dentist
C)Both the patient and the dentist

Question 33

Informed consent forms:

A)are an alternative to face-to-face discussion between the dentist and the patient.
B)eliminate finding enough time to answer all of the patient's questions and concerns.
C)must be chosen from commercial sources; development of a personal form is prohibited.
D)do not absolutely protect a dentist against a patient who alleges that he or she was not fully informed about a procedure.

Question 34

Which is not true regarding regulations for dental assistants?

A)Regulations vary greatly from state to state.
B)Regulations are governed under the state dental practice act.
C)Regulations are consistent in each state.
D)All of the above are true.

Question 35

A dental assistant must not do what when correcting a chart entry?

A)Use ink.
B)Initial and date the corrected entry.
C)Use Wite-Out or other correction fluid to cover up the old entry.
D)Draw a line through the original entry.

Question 36

_______ is granted from criminal or civil liability for reporting abuse as required in states that legally mandate the reporting of child,spousal,or elder abuse.

A)Reciprocity
B)Immunity
C)Res gestae
D)Res ipsa loquitur

Question 37

Which of the following are components of the patient's record?

A)Patient financial records
B)Examination records
C)Radiographs
D)Both b and c

Question 38

Which of the following is not a classification of civil law?

A)Contract
B)Tort
C)Administrative
D)Infraction

Question 39

When must a dentist refer a patient?

A)When the dentist doesn't want to treat the patient
B)When the case is unusual and conditions are beyond the dentist's scope of expertise
C)When the patient refuses to give consent
D)Both b and c

Question 40

Defense against abandonment includes:

A)a patient not following instructions.
B)a patient failing to keep appointments.
C)both a and b.
D) neither a nor b.

Question 41

In which of the following situations must a dentist disclose information about the treatment?

A)A patient asks not to be advised.
B)The patient has a choice of treatment options.
C)The information is so upsetting that the patient cannot be rational.
D)Treatment is minor and rarely results in risk.

Question 42

The single best defense against lawsuits is:

A)office policies.
B)good staff.
C)open communication.
D)good records.

Question 43

Records for minors whose parents live separately need:

A)only to tell who the custodial parent is.
B)to contain letters from both parents providing consent.
C)both a and b.
D)neither a nor b.

Question 44

Asking in advance for a parent's consent for emergency treatment:

A)is advised.
B)avoids confusion and delays.
C)is considered blanket consent.
D)all of the above.

Question 45

As a dental professional,you have the obligation to be aware of signs of ______ abuse.

A)elder
B)child
C)spousal
D)all of the above

Question 46

Abandonment could be charged if the dentist:

A)leaves for a weekend without making arrangements for patient care.
B)makes arrangements for another dentist to provide patient care in his or her absence.
C)goes on a last-minute vacation and forwards his calls to an answering service.
D)decides to move his practice to another state in 90 days.

Question 47

Guarantees about the outcome of treatment should come from:

A)the dentist.
B)the dental assistant.
C)no one.
D) either a or b.

Question 48

Dental neglect of a child consists of all except:

A)chronic pain.
B)untreated decay.
C)a chipped tooth.
D)a child's inability to perform daily activities.

Question 49

If the state you work in requires dental professionals to report cases of child abuse:

A)you are referred to as a mandated reporter.
B)you are obligated to seek advice from legal authorities.
C)you are obligated to inform parents.
D)all of the above are true.

Question 50

Child or elder abuse may include acts of:

A)physical neglect or injury.
B)emotional abuse or deprivation.
C)sexual abuse.
D)any of the above.

Question 51

Informed consent is a form that the patient fills out.