Medico legal aspects:
Legal aspects of the practice of medicine.
A jury must find the plaintiff proved the following things:
That the dentist was at fault
That the dentist’s fault --cause of injury to the patient
That the injury must be compensated by money
The judge tells the jury that negligence is :
Doing something that an prudent dentist would not do
Not doing something that a prudent dentist would do
under the same or similar circumstances
The failure to practice ordinary care.
Those possessing special training and experience and
whom the court has acknowledged to possess the
education necessary to offer opinion may testify.
Forseability of the emergency
Medical emergencies were unpredictable.
Higher likelihood of emergency helps-explain the higher
expectation of care
Many people -- fear and anxiety -- upcoming dental
Their fear and anxiety cause --metabolic changes & fear,
anger frustration-- waiting for long time in waiting room
add to the metabolic changes.
Grounds for Malpractice Liability
A. Lack of Informed Consent
B. Intentional Misconduct
C. Breach of therapeutic promise
D. Patient injury from dangerous treatment-related activities
E. Patient injury from defective treatment related products
F. Negligence – substandard care delivery
Informed consent should be obtained, a dentist
explain a patient the following information in detail:
Reason for care and treatment
Nature of treatment
Risks involved & expectation of success
Possible results if the patient does not undergo care
and treatment or does not follow instructions.
All office members -- familiar with proper CPR technique
& maintain current CPR certification.
Expected to be more prepared to prevent or to treat
Dentist should be keep in touch with lawyer and seek