Under the concept res gestae , statements made spontaneously by anyone (including the dental assistant) at the time of an alleged negligent act are admissible as evidence and may be damaging to the dentist and dental assistant.
What is the term for a statement that is made at the time of an allegedly negligent act and that is admissible as evidence in a court of law is called?
Res gestae . A statement that is made at the time of an alleged negligent act and is admissible as evidence in a court of law.
What are the two types of statutory law?
What are two types of statutory law? Criminal law and civil law .
Which of the following is true of the concept of informed patient consent?
Which of the following is true of the concept of informed patient consent? It means that the dentist must give the patient enough information about his or her condition and all available treatment options . ... The patient has a choice of treatment options.
What is an example of the principle of contributory negligence in a dental practice?
If the patients fails to follow the doctor’s prescribed plan and is injured as a result , the doctor could claim contributory negligence because the patient did not following their medical recommendation. The same would apply if a patient goes in for a cancer diagnosis and is found to be clean.
Who technically owns a patient’s dental chart?
The dentist owns the physical record of the patient and is the legal guardian of the chart and its complete contents, including radiographs.
What is it called when a dentist is negligent for not meeting the standard of care?
In short, dental malpractice constitutes a civil wrong whereby a dental professional has breached the duty of care owed to patients and caused harm or death. Most people tend to think of physicians when they hear the words medical malpractice.
What are the four types of statutory law?
These four sources of law are the United States Constitution, federal and state statutes, administrative regulations, and case law .
What’s an example of statutory law?
A police officer pulls you over, and you are given a citation for violating the speed limit. You have broken a vehicle and traffic law . This law is established by legislature as a statute, or a law that is formally written and enacted. As a result, the law you broke was a statutory law.
What is the difference between common and statutory law?
Common law is made by judges in a court , using precedent – decisions made in previous similar cases – to decide how they will judge a case before them. ... If no statute law applies to cover a particular situation, common law will apply; however, statute law always overrides common law .
What are the 5 principles of informed consent?
Obtaining informed consent in medicine is process that should include: (1) describing the proposed intervention, (2) emphasizing the patient’s role in decision-making, (3) discussing alternatives to the proposed intervention, (4) discussing the risks of the proposed intervention and (5) eliciting the patient’s ...
What are the 8 elements of informed consent?
- Description of Clinical Investigation. ...
- Risks and Discomforts. ...
- Benefits. ...
- Alternative Procedures or Treatments. ...
- Confidentiality. ...
- Compensation and Medical Treatment in Event of Injury. ...
- Contacts. ...
- Voluntary Participation.
What are some examples of informed consent?
I have read and I understand the provided information and have had the opportunity to ask questions. I understand that my participation is voluntary and that I am free to withdraw at any time , without giving a reason and without cost. I understand that I will be given a copy of this consent form.
What are the examples of contributory negligence?
For example, in a car accident between car A and car B, car A’s driver was speeding and car B’s driver was driving drunk . Both drivers are engaged in negligent risk creating behavior. The negligence on the part of the injured plaintiff is called contributory negligence.
What are the different types of negligence?
- Gross Negligence. Gross Negligence is the most serious form of negligence and is the term most often used in medical malpractice cases. ...
- Contributory Negligence. ...
- Comparative Negligence. ...
- Vicarious Negligence.
What are the major defenses to negligence?
Three of the most common doctrines are contributory negligence, comparative fault, and assumption of risk .
