Deck 8: Dental Hygienistpatient Relationship

Question 1

Dental hygiene professionals must be familiar with the legal principles of the dental hygienist-patient relationship to guide their actions, decisions, record keeping, and professional interactions. The legal principles are based on society's general belief that citizens have a right to be protected and, if they come to harm at the hands of another, they have a right charge the offender with a criminal offense.

A) Both statements are true.
B) Both statements are false.
C) The first statement is true, the second statement is false.
D) The first statement is false, the second statement is true.

Answer 1

The first statement is true, the second statement is false.

Question 2

The resolution of legal claims and allegations may require a court proceeding known as a

A) deposition.
B) trial.
C) grand jury.
D) tort.

Answer 2

trial.

Question 3

Who decides questions of law in a trial?

A) Judges
B) Juries
C) Prosecuting attorney
D) Plaintiff
E) Defendant

Answer 3

Judges

Question 4

Which of the following is a wrongful act against a person that violates his or her person (body), privacy, or property or contractual rights?

A) Civil offense
B) Criminal offense
C) Deposition
D) Defamation

Question 5

Which of the following is correct name for the party bringing a claim in a civil proceeding and in a criminal proceeding respectively?

A) Complainant; prosecutor
B) Plaintiff; prosecutor
C) Prosecutor; plaintiff
D) Plaintiff; complainant
E) Aggressor; defendant

Question 6

The establishment of guilt in a criminal case requires a high level of certainty known as

A) beyond a reasonable doubt.
B) preponderance of evidence.
C) fiduciary relationship.
D) binding arbitration.

Question 7

If a dental hygienist is unable to meet a patient's expressed expectations, the patient must

A) demand that the dental hygienist meet those expectations.
B) understand but not accept the limitation.
C) either accept the limitation and alter the expectations or seek care from a different provider who is able to meet the expectations.
D) cease to seek care.

Question 8

Which of the following is the correct sequence for dealing with civil and criminal offenses?

A) Filing, investigating, resolving
B) Investigating, filing, resolving
C) Filing, resolving, investigating
D) Investigating, resolving, filing
E) Resolving, filing, investigating

Question 9

Which of the following examples would involve criminal action as well as civil action?

A) Supervised neglect of a periodontal condition involving increased probing depths
B) Sexual assault of a patient during dental treatment
C) Discussion of a 22-year-old patient's treatment conditions with her mother without obtaining permission
D) Discussion of an 88-year-old patient's treatment conditions with her daughter without obtaining permission

Question 10

Which of the following is the best example of an express rather than implied contract?

A) The patient seats herself in the dental chair.
B) The dentist presents a written treatment plan involving periodontal surgery for the maxillary right quadrant to the patient.
C) The patient arrives at the dental office at the scheduled time for an initial appointment to have an examination of discomfort in the mandibular left quadrant.
D) The patient asks the dentist if the injection of local anesthetic will hurt and the dentist replies that she will anesthetize the patient very slowly and carefully to minimize discomfort.

Question 11

A civil wrong that results from breach of a legal duty that exists by virtue of society's expectations of performance is called a(n)

A) assault.
B) battery.
C) tort.
D) sanction.

Question 12

A contractual relationship is a relationship that binds each of the parties to fulfill his or her committed responsibilities. A disruption of contract is the failure to meet one's contractual obligation, and it may be remedied through the judicial system.

A) Both statements are true.
B) Both statements are false.
C) The first statement is true, the second statement is false.
D) The first statement is false, the second statement is true.

Question 13

When a patient agrees to cooperate in oral health care and arrange for appropriate payment in exchange for the delivery of services, the courts view the relationship in terms of a contract called a

A) null and void relationship.
B) fiduciary relationship.
C) barter or trade of goods relationship.
D) quid pro quo relationship.

Question 14

Interrogatories and depositions may be utilized during which of the following stages of the investigation of a legal claim?

A) Informed consent
B) The trial
C) Discovery of evidence
D) Intentional tort
E) Unintentional tort

Question 15

The dental hygienist-patient relationship is a critical factor in the delivery of quality dental hygiene care. The dental hygienist-patient relationship is a two-party association that can only achieve its fullest potential with the committed participation of each of the parties.

A) Both statements are true.
B) Both statements are false.
C) The first statement is true, the second statement is false.
D) The first statement is false, the second statement is true.

Question 16

Which of the following is a consequence for the patient of the failure of a dental hygienist to fulfill a professional obligation to comply with the laws that govern the practice of dental hygiene and to deliver oral health care services that meet the standards of care of the profession?

A) Substandard care
B) Complaint review
C) Sanctions
D) Criminal penalties

Question 17

The dental hygienist has a professional obligation in the relationship with the patient to comply with the laws that govern the practice of dental hygiene and to deliver oral health care services that meet the standards of the profession, because failure to fulfill this professional obligation can result in untoward consequences for the patient although the hygienist is spared.

A) Both the statement and reason are correct and related.
B) Both the statement and reason are correct but NOT related.
C) The statement is correct, but the reason is NOT.
D) The statement is NOT correct, but the reason is correct.
E) NEITHER the statement NOR the reason is correct.

Question 18

Which of the following are the two major categories of civil law?

A) Intentional tort and unintentional tort law
B) Contract law and tort law
C) Implied contract law and explicit contract law
D) Assault and battery law

Question 19

Each of the following is grounds for a complaint to be filed with the administrative hearing commission in Missouri EXCEPT one. Which one is the EXCEPTION?

A) Use of an alcoholic beverage to an extent that such use impairs a person's ability to perform the work of any professional licensed or regulated by the commission
B) Failure or refusal to properly guard against contagious, infectious, or communicable diseases or the spread thereof
C) Failure to maintain his or her office or offices, laboratory, equipment, and instruments in a safe and sanitary condition
D) Discrimination based on the provision of free dental services

Question 20

A person who practices dental hygiene in Nevada without a license or who, having a license, practices dental hygiene in a manner or place not permitted is guilty of a category D felony

A) if it is the first offense.
B) if it is the second offense.
C) if it is the third offense.
D) in no circumstances, because the offense is categorized as a misdemeanor.

Question 21

Discontinuation of the provider-patient relationship requires appropriate notification to avoid

A) termination of services.
B) abandonment of the patient.
C) a severance clause.
D) a notice to quit.

Question 22

Trespassing on private property without authorization is a form of an

A) intentional tort to a person.
B) unintentional tort to a person.
C) intentional tort to property.
D) unintentional tort to property.

Question 23

Each of the following is true of an intentional tort EXCEPT one. Which one is the EXCEPTION?

A) No intent to cause harm
B) A deliberate and purposeful act
C) Relates to persons and to property
D) Misrepresentation

Question 24

The concept that every citizen has the basic right to be free from invasions of his or her body without permission was first extended to health in which of the following legal opinions?

A) Union Pacific Railway v. Botsford, 141 U.S. 250, 251 in 1891
B) Schloendorff v. Society of New York Hospital, 105 N.E. 92, 93 in 1914
C) Salgo v. Leland Stafford Jr. Univ Bd. Of Trustees, 317 P.2d 170 Cal. Ct. App. in 1957
D) Health Insurance Portability and Accountability Act [HIPAA] 42 U.S.C. in 2008

Question 25

Why is it important for a dental patient to provide accurate answers about the medical or dental history and current health status?

A) It is important to be honest in daily life.
B) Honesty is the best policy in one's personal life and professional life.
C) The delivery of dental care may be affected by a number of diseases and conditions.
D) Inaccurate answers constitute a breach of contract.

Question 26

Which of the following is a recommended method for a dental hygienist to remain current with all aspects of patient care?

A) Attend continuing education courses in person.
B) Watch Webinars and Podcasts relating to the clinical practice of dental hygiene on the Internet.
C) Read scientific literature pertaining to dental hygiene.
D) All of the above.

Question 27

Which of the following is an example of an unintentional tort rather than an intentional tort?

A) Allowing a dental assistant to work as a dental hygienist
B) Failure to inform a patient of the severity of his or her periodontal treatment needs
C) Slander or libel resulting in defamation
D) Slapping a child to punish him or her for difficult behavior

Question 28

Each of the following is one of the three most common actions relating to health care EXCEPT one. Which one is the EXCEPTION?

A) Violation of patient confidentiality
B) Breach of contract
C) Professional malpractice
D) Failure to obtain informed consent

Question 29

Each of the following is a responsibility of the patient when receiving oral health care EXCEPT one. Which one is the EXCEPTION?

A) Cooperate in care and keep appointments.
B) Provide accurate answers about the dental or medical history and current health status.
C) Pay a reasonable fee in a reasonable amount of time.
D) Arrive for an appointment 15 minutes prior to the appointment time.
E) Follow instructions, including home care instructions.

Question 30

Patient records may include

A) written documentation, radiographs, and models.
B) written documentation and radiographs, but not models.
C) written documentation and models, but not radiographs.
D) written documentation only.

Question 31

Patients have the right to obtain their original records. Records must be provided free of charge.

A) Both statements are true.
B) Both statements are false.
C) The first statement is true, the second statement is false.
D) The first statement is false, the second statement is true.

Question 32

The practice of dental hygiene is a wonderful opportunity for a dental hygienist to try out experimental medications, because trying untested medications on patients can prove or disprove their effectiveness.

A) Both the statement and reason are correct and related.
B) Both the statement and reason are correct but NOT related.
C) The statement is correct, but the reason is NOT.
D) The statement is NOT correct, but the reason is correct.
E) NEITHER the statement NOR the reason is correct.

Question 33

A dental hygienist is held to the standard of care for a

A) periodontist.
B) general dentist.
C) dental hygienist.
D) physician.

Question 34

Which of the following is true of an intentional tort to a person?

A) Physical contact must happen for assault to occur.
B) Physical contact must happen for battery to occur.
C) An injury must be involved for battery to occur.
D) More than one of the above.

Question 35

A dental hygienist has which of the following responsibilities to the patient in regard to licensure?

A) The dental hygienist must have a current national license issued by the U.S. government and the license must be displayed as required.
B) The dental hygienist must have a current license for the state where he or she practices and have it displayed as required.
C) The dental hygienist must have a current national license issued by the United States; however, the license need not be displayed as the patient can verify the license on the Internet.
D) The dental hygienist must have a current license for the state where he or she practices; however, the license need not be displayed as the patient can verify the license on the Internet.

Question 36

Which of the following is true of assault and battery?

A) Both are categorized as intentional torts.
B) Assault is categorized as an intentional tort; however, battery is an unintentional tort.
C) Battery is categorized as an intentional tort; however, assault is an unintentional tort.
D) Neither assault nor battery is categorized as an intentional tort.

Question 37

Patients have a number of responsibilities when receiving oral care. One of the patient responsibilities is to follow instructions, including home care instructions.

A) Both statements are true.
B) Both statements are false.
C) The first statement is true, the second statement is false.
D) The first statement is false, the second statement is true.

Question 38

The purpose of the Health Insurance Portability and Accountability Act (HIPAA) is to

A) support the digital imaging and communications in medicine (DICOM) standard for exchange of information between health care providers.
B) protect the patient's right to privacy.
C) help in the transmission of electronic dental claims forms through a clearinghouse.
D) make certain that the electronic records of members of the armed forces follow them if they are transferred to another location.

Question 39

Which of the following is true of tort law?

A) A tort is a crime that involves criminal law.
B) A tort is a civil wrong.
C) A tort is a legally binding agreement in writing.
D) A tort is a legally binding agreement that is not in writing.

Question 40

Which of the following concepts is based on the premise that every citizen has the right to be free from invasion of his or her body without permission?

A) Informed consent
B) Integrity of self
C) The principle of self versus nonself
D) Breach of contract

Question 41

The elements of informed consent require the dental hygienist to inform that patient of the risks, consequences, and anticipated results of the proposed treatment and alternative feasible treatments. The consequences of accepting no treatment should be discussed as well.

A) Both statements are true.
B) Both statements are false.
C) The first statement is true, the second statement is false.
D) The first statement is false, the second statement is true.

Question 42

Who has the priority for providing informed consent for health care for a patient who is not competent according to the statute in the state of Washington?

A) The patient's spouse or state registered domestic partner
B) The appointed guardian of the patient
C) Parents of the patient
D) The individual to whom the patient has given a durable power of attorney

Question 43

Consent to health care services for a competent adult may be determined by

A) the federal court system.
B) the state and county court systems.
C) the person him or herself.
D) the parents of the adult if they are determined to be competent themselves.

Question 44

Each of the following is an exception to the requirement of parental consent for the treatment of minors EXCEPT one. Which one is the EXCEPTION?

A) Treatment of a minor in an emergency
B) Treatment of a legally recognized emancipated minor
C) Treatment of a statutorily authorized consenting minor
D) Treatment of a minor who is a child of parents who are minors themselves

Question 45

Which of the following is true concerning documentation of informed consent?

A) The dental hygienist must use dental terminology so the patient understands the procedure as a professional would.
B) The patient must have the opportunity to ask questions and receive adequate answers.
C) Informed consent must be written to be valid.
D) Implied consent may be adequate for performance of a clinical examination with minimal risk.

Question 46

Which of the following are the two different standards that have emerged as the general measure of the duty to disclose information when a potential danger or risk is associated with a proposed treatment that may influence the decision whether to proceed with the treatment?

A) Prevailing opinion standard and national databank standard
B) Impartial group standard and American College of Dental Surgeons (ACDS) standard
C) Professional community standard and materiality standard
D) State government standard and federal government standard

Question 47

Which of the following is different about the statute of limitations for minors than for adults?

A) It is 3 years from the date of the incident.
B) It is 5 years from the date of the incident.
C) It is tolled (suspended) until they reach the age of majority.
D) There is no statute of limitations for minors.

Question 48

To establish a causal link between the breach of duty and patient injury

A) both injury causation and decision causation must exist.
B) injury causation but not decision causation must exist.
C) decision causation but not injury causation must exist.
D) neither injury causation nor decision causation must exist.

Question 49

The doctrine of informed consent has been codified through which of the following?

A) Common law
B) Case law
C) State statutory enactments
D) Codes of ethics

Question 50

Which of the following concepts was first expressed in 1957 in Salgo v. Leland Stafford Jr. Univ Bd. Of Trustees, 317 P.2d 170 Cal. Ct. App.?

A) The concept that every citizen has the basic right to be free from invasions of his or her body without permission
B) The extension of the concept regarding the basic right to be free from invasions of his or her body to the delivery of health care
C) The concept of informed consent for the delivery of health care
D) The concept of the privacy of patient information

Question 51

To successfully establish a cause of action for failure to obtain informed consent, a patient must generally establish, in sequence, that (1) the duty was breached, (2) the breach of duty was the cause of the injury sustained by the patient, (3) the health care provider had a duty to disclose sufficient information about the proposed treatment to obtain the patient's informed consent.

A) 1, 2, 3
B) 1, 3, 2
C) 2, 1, 3
D) 2, 3, 1
E) 3, 1, 2

Question 52

Who has the priority for providing informed consent for health care for a patient who is under the age of majority according to the statute in the state of Washington?

A) Parents of the minor patient
B) A competent adult representing himself or herself to be a relative responsible for the health care of such minor
C) A person authorized by the court to consent to medical care for a child in out-of-home placement
D) The appointed guardian, or legal custodian … of the minor patient, if any
E) The individual, if any, to whom the minor's parent has given a signed authorization to make health care decisions for the minor

Question 53

Which of the following stands for the proposition that employers act through their employees or agents and are therefore responsible for the negligent acts of their employers or agents?

A) Respondeat superior
B) Prima facie
C) Quid pro quo
D) Perfectum

Question 54

Which of the following is permitted in the state of Oregon provided that informed consent has been obtained?

A) Failure to exercise supervision required by the Dental Practice Act
B) Rendering services that the licensee is not licensed to provide
C) Use of the Hand Over Mouth (HOM) technique for behavior management
D) Use of the Hand Over Mouth Airway Restriction (HOMAR) technique for behavior management

Question 55

Informed consent must be written to be valid. Informed consent that is not written may be difficult to prove.

A) Both statements are true.
B) Both statements are false.
C) The first statement is true, the second statement is false.
D) The first statement is false, the second statement is true.

Question 56

Which of the following is the term used to describe the failure of an oral health care provider to exercise the degree of care, skill, and learning expected of a reasonably prudent oral health care provider, in the class to which he or she belongs with the state, acting in the same or similar circumstances?

A) Malpractice
B) Unnecessary roughness
C) Willful neglect
D) Wanton negligence

Question 57

Which of the following must be established to prove injury causation during a breach of duty to obtain informed consent from a patient?

A) That the patient suffered an adverse consequence
B) That the patient suffered an adverse consequence and that the cause of the injury be an undisclosed risk
C) That the patient did not consent to treatment
D) That the patient would not have consented to treatment had the disclosure been adequate

Question 58

Statutes of limitations are generally how many years from the date of the incident in question?

A) 1 year
B) 2-4 years
C) 4-6 years
D) 6-7 years

Question 59

Consent to treatment of persons younger than which age should be sought from the parents?

A) 12
B) 16
C) 18
D) 21

Question 60

Which of the following is grounds for obtaining informed consent to the treatment of an adult patient from a person other than the patient him or herself?

A) Incompetency or incapacity
B) Advanced age
C) Incarceration in a federal prison
D) Lack of residency status

Question 61

Which of the following is the most common claim for breach of contract associated with health care injuries?

A) That the health care provider promised that the injury suffered would not occur
B) That the patient was not told of the risks of treatment
C) That the patient was not informed that not seeking treatment was one of the treatment choices
D) That the patient was guaranteed a positive outcome

Question 62

What is the purpose of the National Practitioner Data Bank?

A) It is a national program that collects negative information on a health care practitioner including malpractice awards and loss of a license.
B) It is a social media website for health care professionals.
C) It is a national job bank for professionals seeking employment opportunities.
D) It is a national data bank of statistics regarding health care professionals.