Question 1

Proactive measures for legal protection include:&#10;A)practicing within the standard of reasonableness&#10;B)maintaining continuing dental education&#10;C)documenting office procedures and patient charts&#10;D)A,B,and C&#10;E)A and C

Accepted Answer

Practicing within the standard of reasonableness, maintaining continuing dental education, and documenting office procedures and patient charts are all important proactive measures for legal protection. By following standard practices, staying knowledgeable about advancements in the field, and keeping accurate records, dental professionals can reduce the likelihood of legal issues arising and better defend themselves if they do. Therefore, all three options (A,B,C) are the best choices.

Question 2

The dentist must file an answer to a complaint or summons within _____ or risk a default judgment.&#10;A)24 hours&#10;B)7 days&#10;C)2 weeks&#10;D)30 days

Accepted Answer

The dentist must file an answer to a complaint or summons within 30 days or risk a default judgment.

Question 3

Plantiffs' attorneys are usually hired on a ______________ basis,while defense attorneys are hired on a ___________ basis.&#10;A)contingency fee;hourly&#10;B)contingency fee;contingency fee&#10;C)hourly;contingency fee&#10;D)hourly;hourly

Accepted Answer

Plaintiffs' attorneys are usually hired on a contingency fee basis, meaning they only get paid if the plaintiff wins the case or reaches a settlement. On the other hand, defense attorneys are hired on an hourly basis, meaning they are paid for every hour of work they put into the case.

Question 4

The Latin phrase res ipsa loquitur means :&#10;A)the captain of the ship&#10;B)the thing speaks for itself&#10;C)relating to criminal law&#10;D)relating to civil law

Accepted Answer

The Latin phrase res ipsa loquitur means "the thing speaks for itself." It is a legal principle that refers to situations where the circumstances are so clear that negligence is obvious, and thus, the burden of proof shifts to the defendant, who must provide an explanation for the alleged negligence. It is often used in personal injury cases. Neither A, C or D are correct choices as they do not accurately describe the meaning of the phrase.

Question 5

According to the text:&#10;A)negligence is doing something that an ordinary prudent dentist would not do under the same or similar circumstances&#10;B)negligence and malpractice are not to be used synonymously in lawsuits against health care providers&#10;C)negligence is not doing something that a reasonably prudent dentist would do under the same or similar circumstances&#10;D)A,B,and C&#10;E)A and C

Accepted Answer

Negligence is defined as failing to do something that a reasonable and prudent person would do under the same or similar circumstances, or doing something that a reasonable and prudent person would not do under the same or similar circumstances. Malpractice refers specifically to professional negligence committed by a licensed professional, such as a dentist. Therefore, negligence and malpractice are not synonymous and should not be used interchangeably in lawsuits against healthcare providers.

Question 6

The more thorough a dentist is in warning patients about possible risks,the more prepared that dentist should be to prevent or treat those risks.&#10;A)Both statements are true&#10;B)Both statements are false&#10;C)The first statement is true,the second statement is false&#10;D)The first statement is false,the second statement is true

Accepted Answer

This statement is a logical sequence. By thoroughly warning patients about possible risks, the dentist is acknowledging that they exist and is taking steps to inform the patient. Therefore, the dentist should also be prepared to prevent or treat those risks in case they do occur. So, both statements are true.

Question 7

Which of the following dental scenarios would most likely lead to the largest legal judgment?&#10;A)temporary paresthesia&#10;B)broken needle&#10;C)permanent cosmetic injury&#10;D)brain damage from improperly administered CPR during cardiac arrest

Accepted Answer

Brain damage from improperly administered CPR during cardiac arrest would likely lead to the largest legal judgment as it involves a serious and permanent injury. Temporary paresthesia and broken needle are less severe injuries that may not result in significant legal action, while permanent cosmetic injury is serious but may not result in as large of a judgment as permanent brain damage.

Question 8

After the dentist's attorney has filed an answer to a complaint,a process known as __________ begins.&#10;A)a trial&#10;B)discovery&#10;C)a deposition&#10;D)a tort

Accepted Answer

After the defendant's attorney has filed an answer to a complaint, the next step is typically the discovery process, where both parties exchange information and evidence in preparation for a possible trial. Depositions may be a part of the discovery process, but it is not the only aspect. A trial would only occur if the case is not settled or dismissed during the pre-trial stage. A tort is a legal term for a civil wrongdoing that causes harm to another person.

Question 9

Dentists should require that patients update their medical history forms:&#10;A)every 3 months&#10;B)every 6 months&#10;C)annually&#10;D)only at the time of their initial appointment

Accepted Answer

Annual updates to medical history forms are recommended by the American Dental Association. This allows for any changes in a patient's health to be recorded and addressed by the dentist. However, if there are significant changes in a patient's health status, such as a new diagnosis or medication, they should inform their dentist immediately. Quarterly or bi-annual updates may be excessive and burdensome for patients, while relying only on the initial medical history form may lead to outdated or incomplete information for the dentist.

Question 10

Which of the following statements is true of Good Samaritan statutes?&#10;A)A national standard has been adopted,meaning Good Samaritan standards are uniform for all states&#10;B)A patient who suffers a medical emergency in a dental office falls under protection of the Good Samaritan statute&#10;C)A nonpatient of the dentist,who happens to be in the waiting room and requires an emergency response,may fall under protection of the Good Samaritan statute&#10;D)Good Samaritan statutes are considered obsolete

Accepted Answer

Good Samaritan statutes vary by state and often protect individuals who provide emergency medical care in good faith and without compensation. While the specifics of the statutes vary, it is possible that someone who is not a patient of the dentist but requires emergency care in the dental office may be protected by the Good Samaritan statute.

Deck 4: Medicolegal Considerations