Deck 5: Dentistry and the Law

Question 1

Which of the following refers to professional negligence?

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

Answer 1

Malpractice

Question 2

Which of the following is true of the concept of informed patient consent?

A)It means that the dentist informs the patient of the preferred treatment option.
B)It means that the dentist has written documentation of the patient's consent and understanding of the procedure.
C)It means that the patient has chosen to enter the dental office of his or her own free will and was not coerced.
D)It means that the dentist must give the patient enough information about his or her condition and all available treatment options.

Answer 2

It means that the dentist must give the patient enough information about his or her condition and all available treatment options.

Question 3

Direct supervision means that the dentist:

A)examines the patient before delegating the procedure and again when the procedure is complete.
B)examines the patient before delegating the procedure, but not when the procedure is complete.
C)examines the patient only when the procedure is complete.
D)does not examine the patient.

Answer 3

examines the patient before delegating the procedure and again when the procedure is complete.

Question 4

State dental practice act regulations are interpreted by the:

A)individual dentist, hygienist, or assistant.
B)state board of dentistry.
C)dental association of each state.
D)dental school in each state.

Question 5

The "four Ds" that must be present for a malpractice suit against a dentist to be successful are duty,dereliction,direct cause,and:

A)damages.
B)doctor.
C)due care.
D)due process.

Question 6

Which of the following organizations issues the license for a dentist to practice dentistry?

A)State board of dentistry
B)State dental association
C)American Dental Association
D)School from which the dentist graduated

Question 7

________ is permission for a procedure to be performed,which is granted by a patient after having been informed about the procedure's details.

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

Question 8

Failure to pay a dental practitioner license renewal fee on time is an example of which of the following types of legal offense?

A)Felony
B)Misdemeanor
C)Infraction
D)Contract law

Question 9

The doctrine of _______ means that statements made spontaneously by anyone at the time of an alleged negligent act are admissible as evidence,and they may be damaging to the dentist and dental assistant in a court of law.

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

Question 10

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

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

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)Civil law seeks to punish the offender, whereas criminal law seeks to compensate the victim.
C)Statutory law involves laws enacted by legislation through U.S. Congress, state legislature, or local legislative bodies.
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 true regarding the unlicensed practice of dentistry?

A)Any function that is not expressly prohibited is permitted.
B)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.
C)Performing illegal procedures is permitted if the operator is unaware of the provisions of the dental practice act.
D)An assistant can perform only functions that have been delegated.

Question 13

_____________ 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)Respondeat superior
D)Res gestae

Question 14

The purpose of a state dental practice act is to:

A)provide guidelines for the moral conduct of the dental profession.
B)provide guidelines for dental assistants to follow.
C)protect dentists from lawsuits.
D)specify the legal requirements for the practice of dentistry within the state.

Question 15

Which of the following is considered the best defense against a malpractice lawsuit?

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

Question 16

Implied consent is given when the:

A)doctor explains the treatment plan to the patient.
B)patient signs the consent form.
C)patient agrees to treatment.
D)patient chooses a treatment alternative.

Question 17

Performance of an act that a reasonable and prudent professional would not perform is called:

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

Question 18

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

A)caretaker.
B)parent or legal guardian.
C)department of social services.
D)friend of the court.

Question 19

Doing something that should not have been done is an act of:

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

Question 20

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

A)personally treating all of their dental needs.
B)using reasonable judgment.
C)promising a successful outcome.
D)using the latest materials.

Question 21

Which of the following is able to provide an expressed contract for emergency treatment of a 16-year old child who broke a tooth in the neighbor's driveway?

A)The neighbor
B)The child
C)The child's parent
D)Sixteen-year-old brother of the child

Question 22

Who owns the patient's original dental records?

A)The dentist
B)The patient
C)The state

Question 23

Removal of the wrong tooth is an example of a tort of omission because the correct tooth was not removed.

Question 24

A malpractice suit is an example of ______ law.

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

Question 25

Which of the following is true of direct but not 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 must examine the patient before and after the treatment.
D)The dentist must examine the patient once during treatment.

Question 26

Under which of the following conditions may a dentist refer a patient who is HIV positive to a dental specialist?

A)The patient refuses to be seen after hours as required by the dentist.
B)The patient has a condition that the dentist normally refers to a specialist.
C)The dentist feels uncomfortable about treating someone with HIV.
D)The dentist cannot refuse to treat an HIV positive person under any circumstance.

Question 27

Which of the following forms of licensure allows a dentist who is licensed in one state a license to practice in another state without further examination or requirements?

A)Licensure by credential
B)Reciprocity
C)Limited license
D)Probationary license

Question 28

Which of the following is the correct way for a dental assistant to correct a chart entry?

A)Use ink to write over the incorrect entry.
B)Get a new, blank history form and discard the one with the correct entry.
C)Use Wite-Out or other correction fluid to cover up the old entry.
D)Draw a single line through the original entry so that it can still be read.

Question 29

Which of the following types of law deals with binding agreements between two people?

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

Question 30

Which of the following is the least severe classification of criminal law?

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

Question 31

Informed consent forms :

A)are an alternative to face-to-face discussion between the dentist and the patient.
B)work to reduce the amount of time required 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)greatly increase the dentist's chance of defense against allegations from a patient that he or she was not fully informed about a procedure.

Question 32

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

A)mandate
B)permit
C)allow
D)sanction

Question 33

____________ is (are)not included in the patient chart.

A)Patient financial records
B)Examination records
C)Radiographs
D)Correspondence to or about a patient

Question 34

Regulations for dental assistants:

A)vary greatly from state to state.
B)are established by the federal government.
C)were created by the American Dental Assistants Association (ADAA).
D)are determined by the employer dentist according to the doctrine of respondent superior.

Question 35

A dentist usually refers a patient when:

A)he or she does not want to treat the patient.
B)the case is unusual and conditions are beyond the dentist's scope of expertise.
C)the patient has early adult periodontitis.
D)the patient does not have dental insurance benefits.

Question 36

A patient of record is a person who has:

A)contacted the office by phone or e-mail for an appointment.
B)been examined and diagnosed by a licensed dentist.
C)spoken with the dentist.
D)completed a medical and dental history form.

Question 37

Which of the following categories of civil law is established by actions rather than words?

A)Expressed contract
B)Implied contract
C)Administrative
D)Tort

Question 38

What must a dentist do to avoid a patient claim of abandonment?

A)Prove that the patient did not follow instructions.
B)Show that the patient failed to keep appointments.
C)Send a notification of termination.
D)Show the patient failed to pay a bill.

Question 39

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

A)Written notice of termination
B)Forwarding the original patient record to the subsequent dentist
C)A signed release form by the patient and the dentist
D)A hold-harmless clause in a written contract

Question 40

Which of the following offenses is most likely to result in imprisonment?

A)Felony criminal
B)Misdemeanor criminal
C)Infraction criminal
D)Civil

Question 41

Abandonment could be charged if the dentist:

A)prepares a tooth for a crown and then does not deliver and cement the crown.
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 42

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

A)marginalization.
B)res gestae.
C)blanket consent.
D)thinking in advance.

Question 43

Which of the following situations is not an exception to disclosure?

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 44

What percentage of child abuse injuries involve the head,neck,or mouth area?

A)25%
B)50%
C)75%
D)100%

Question 45

When parents live separately,the child's personal information form should indicate which parent:

A)is the custodial parent.
B)will be bringing the child to the next dental appointment.
C)is the natural birth parent of the child, or adoptive parent if that is the situation.
D)initiated the separation.

Question 46

Which of the following is the most common form of elder abuse?

A)Physical neglect or injury
B)Emotional abuse or deprivation
C)Sexual abuse
D)Financial exploitation

Question 47

Legal problems with patients are best avoided by maintaining ________ with all patients.

A)extended office hours
B)efficient staff
C)good rapport and open communication
D)good records

Question 48

Which of the following is not an indicator of dental neglect or abuse?

A)Untreated rampant caries
B)Untreated trauma affecting the orofacial region
C)A devital anterior tooth
D)Injury to the labial frenum

Question 49

Many states identify dental professionals as ______ of suspected cases of child abuse.

A)the frontline of identification
B)mandated reporters
C)excessively overeager
D)injudicious

Question 50

Who should make a guarantee about the outcome of dental treatment?

A)Dentist
B)Dental assistant
C)Business office staff
D)No one

Question 51

Informed consent is a form that the patient completes.