What is the relationship between law and ethics in dentistry?
· Hypothetically, should a dentist choose to treat a mentally impaired individual who has already reached the age of majority in the absence of consent provided by a legal guardian, the risk of a claim of negligence is a possibility. Regardless of how appropriate the care, the treatment should not be rendered.
Are ethics strictly followed by dental practitioners in clinical practice?
· Now for the good news. A study of 904 patients in a PHP found an overall return to work rate of 79% at 5 years. Fifteen percent stopped practicing and 11% lost their license. In other words, most physicians with impairment, when recognized and treated, don’t lose their jobs but are able to be rehabilitated and continue to contribute as ...
Is there any need for litigation in dentistry?
b. A licensed dentist who aids or abets or encourages a dental hygienist employed by him or her to make use of a so-called prophylactic list or the calling by telephone or by the use of letters transmitted through the mails to solicit patronage from patients formerly served in the office of any dentist employing the hygienist or nurse.
Can an aggrieved patient seek a dentist?
What are the legal obligations of a dentist?
The dentist has a duty to treat people fairly. This principle expresses the concept that professionals have a duty to be fair in their dealings with patients, colleagues and society. Under this principle, the dentist's primary obligations include dealing with people justly and delivering dental care without prejudice.
What is non maleficence in dentistry?
SECTION 2 — Principle: Nonmaleficence ("do no harm"). The dentist has a duty to refrain from harming the patient. This principle expresses the concept that professionals have a duty to protect the patient from harm.
What is a legal obligation of the dental auxiliary?
Evidence of continuing education for dental assistants to remain certified; it is an ethical obligation of assistants to maintain and update their knowledge and skills.
Can you be a dental assistant with a misdemeanor in Texas?
A person enrolled or planning to enroll in an educational program that prepares the person for licensure as a dentist, dental hygienist or dental assistant who has reason to believe that he or she may be ineligible for licensure due to a conviction or deferred adjudication for a felony or a misdemeanor offense may ...
Do dentists have a duty of care?
To claim against your dentist you need three things. You need there to be a duty of care, a breach of the duty and the breach caused the injury. The first one is the simplest hurdle to leap and that is the duty of care. A dentist will automatically have a duty of care towards his patient when he is working on them.
Which ethical principle is violated when a dentist increases?
Overbilling. It is unethical for a dentist to increase a fee to a patient solely because the patient is covered under a dental benefits plan.
What are dental ethics?
Dental ethics is “a system of principles governing the dental practice, a moral obligation to render the best quality of dental services to the patient and to maintain an honest relationship with other professionals and society.”1 Dental ethics plays an integral role in the daily practice of dental hygiene and ...
What are the five basic ADA principles?
There are five fundamental principles that form the foundation of the ADA Code: patient autonomy, nonmaleficence, beneficence, justice and veracity. Principles can overlap each other as well as compete with each other for priority. More than one principle can justify a given element of the Code of Professional Conduct.
What is the Adha code of ethics?
The Code establishes concise standards of behavior to guide the public's expectations of our profession and supports dental hygiene practice, laws and regulations.
What disqualifies you from being a dental hygienist?
The Dental Board of California may deny people from getting their dental or hygienist license if they have been convicted in the past seven years of a crime substantially related to the qualifications, functions, or duties of dentistry.
Can you be a dental hygienist with a criminal record in Texas?
Can I get a dental hygienist license? ANSWER: Possibly. Applicants with a forcible felony conviction must meet all license application requirements and qualify under the law for review of a forcible felony conviction.
How much do dental assistants make?
Pay. Pay for dental assistants varies depending on experience. New dental assistants usually earn between minimum wage and $46,000 a year. Dental assistants with one to three years' experience usually earn between $46,000 and $55,000.
What does the dentist do after presenting all the necessary information?
Having presented all of the necessary information, the dentist must now ensure that the patient understands what has been explained. The patient must have the opportunity to ask questions and discuss the issues presented. Only after this dialogue can the patient make the necessary decision regarding treatment, and only then can the dentist proceed with care.
What is the importance of informed consent in dentistry?
Dentists must fulfill the requirements of informed consent as defined by their state laws. The key to success is to communicate openly with the patient, which is also the key to maintaining the type of doctor/patient relationship so important to a successful result. It is essential that the patient understands what is to be done, why it is to be done, and the expected outcome. It is most important that, after spending the time and effort to provide the information and having the dialogue, the dentist documents what has taken place. The perfect process in obtaining informed consent, if not reflected in the patient record, is worthless if the patient chooses to become a plaintiff.
What is failure to obtain informed consent?
Failure to obtain informed consent is a departure from the standard of care for dental practice. It is negligent to proceed with the treatment of patients without their approval. If the dentist performs procedures that are not accepted by the patient and some untoward reaction occurs, the dentist can be held liable for the result. While lack of informed consent is rarely the sole basis for action in dental malpractice proceedings, it is frequently one of the claims against the practitioner. The basis for this aspect of an action is the premise that the patient was not adequately informed of the risks of the proposed treatment to be performed by the practitioner. In almost all cases in which a less-than-satisfactory result occurs, it is easy to claim that the potential adverse possibilities were not presented to the patient prior to initiation of treatment. It is inferred that if the patient understood the possible complications, he or she would not have undergone the treatment.
Why is informed consent important?
Many patients tell the dentist they do not want to discuss the proposed treatment because they trust the dentist to do the correct thing and to do it well. It is important to avoid this trap since the patient can fall back on the lack of informed consent as a cause for legal action .
What is informed consent?
Informed consent is the educational process by which the patient is made aware of the dentist’s diagnosis and treatment plan.
What is a follow up letter from a dentist?
If a complicated case is presented and discussed, a follow-up letter from the dentist to the patient reviewing the treatment plan and indicating the specifics of the care to be rendered is very useful and will avoid any future misunderstandings. Patients can become confused during an extended and complicated consultation and can often forget what was discussed. Documenting in a letter the issues discussed is valuable and allows the patient to review the information presented during the consultation at a later date.
How many components are there in the informed consent process?
There are 5 basic components of the informed consent process:
What to do if an employee says they are under the influence of alcohol?
Inform the employee of your suspicion and ask the employee whether they are under the influence of alcohol or a controlled substance. If they say “yes,” ask them when and what they ingested and document the employee’s statements. If they say “no,” ask the employee to consent to drug or alcohol testing in order to disprove the suspicion.
Is an initial examination intrusive?
Thus, an initial examination must be minimally intrusive. If the observable facts support a conclusion that the employee is under the influence of alcohol or a controlled substance, a more intrusive search might be conducted. A lawful search can always be conducted with the employee’s consent.
Why do we report impaired colleagues?
Although we likely feel responsible for our colleague and want to protect them, the AMA clearly states that our obligation is to protect our patients, and therefore, we have the ethical responsibility to report our impaired colleagues. Some of us have worked side by side with a colleague and ignored warning signs only to then be “surprised” when our friend is arrested for a DUI or gets in a drunk driving accident. By ignoring warning signs, we could be leaving them more exposed since early intervention could prevent future criminal charges, malpractice litigation, or something else that could end a physician’s career.
How to tell if you are a substance abuser?
As substance abuse progresses, there are clear warning signs. Be on the lookout for: discord in relationships (separations, break ups, divorces), isolation , avoidance of peers, signs of depression, irritability, mood swings, and an inappropriate level of response to a stressful situation. Other signs to look out for include showing up to work with a disheveled, sloppy or sleepy appearance or deteriorating handwriting. Audits and chart reviews may reveal inappropriate orders or a higher than usual ordering of sample medications, particularly benzos and narcotics. I’ve worked in several EDs where routine audits caught nurses pilfering narcotics that were “ordered” as samples or “to go” meds for patients. Ultimately, impairment from substance abuse boils down to behavior that impacts social life, health, and finances. Fortunately, from a patient safety perspective, clinical performance is usually the last thing impaired.
Do physicians drink alcohol?
About 15% of physicians will be impaired at some point in their careers. While physicians tend to drink alcohol less than the general population , it remains the drug of choice when it comes to abuse, followed by opioids and benzodiazepines. Not surprisingly, controlled substances are usually self-prescribed under the pretense of self treatment.
Do emergency physicians handle substance abuse?
Emergency physicians are well versed in handling substance abuse among their patients. But what about when the tables are turned and it’s a fellow white coat who is practicing under the influence?
Is physician impairment common?
Conclusion. Physician impairment is common enough that medical directors have to expect to be in the same situation you’re in at some point in their career. While physicians may be able to hide some of the warning signs of abuse, they will eventually surface and will need to be addressed seriously.
How do you know if you are under the influence at work?
In some cases, it’s very obvious that an employee is under the influence at work: signs may include slurred speech, glassy eyes, irregular behavior, or even being caught with illicit substances or devices.
How to know if an employee is using alcohol?
However, there are other less well-known signs that may indicate employee drug or alcohol use, and knowing what to look for is an important step in being prepared: Loss of productivity. Increased combativeness. Increase in employee errors. Erratic behavior or changes in personality.
Is it too late to create a drug policy?
However, it’s never too late to create and implement a solid policy to protect your company, and ARCpoint Labs of Renton is here to help.
Can a private employer require a drug test in Washington?
In the state of Washington, private employers are allowed to require employees ( and job applicants) to take a drug and alcohol test. However, the employer must follow state regulations in regards to testing, including providing the required notice of drug and alcohol testing policy, following procedural rights, and avoiding discrimination.
Is alcohol addiction protected by law?
According to the Americans with Disabilities Act (ADA), an employee dealing with alcohol addiction may be protected by law. In certain cases, you may be required to provide reasonable accommodation, such as time off for rehabilitation and treatment.
Can an employer take action if an employee is using illegal drugs?
Whether an employee is abusing alcohol, prescription drugs, or illegal substances, as an employer, you have the right to pursue appropriate action. However, knowing how to navigate this challenging situation can often leave employers confused about the best way to move forward.
Is it dangerous to work with an employee who is under the influence of drugs?
An employee under the influence of drugs or alcohol at work not only poses a serious risk to themselves, but also to other employees and customers, as well as your company’s reputation, profits, and more.
What happens if an intoxicated person injures someone on the job?
If that intoxicated person injures someone on the job, his or her employer may also be liable. Certain federal laws and regulations and the legal doctrines of respondeat superior and negligent retention may impose liability on the employer. As a general rule, one person is under no duty to control the conduct of another person. ...
What happens if an employer knows or should have known an intoxicated employee posed an unreasonable risk of harm to
Under this theory, if an employer knows or should have known an intoxicated employee posed an unreasonable risk of harm to others, the employer may be liable for damages caused by that employee. Under certain circumstances, an employer is even responsible for actions of an employee outside the scope of employment.
What is an intoxicated employee?
An intoxicated employee is a danger to him or herself and others on the job. As a general rule, one person is under no duty to control the conduct of another person (even one that is intoxicated). However, the employer-employee relationship often imposes a duty on the employer to control the conduct of its employees.
Is an employer responsible for an injury caused by an employee under the influence of drugs or alcohol?
Is an Employer Responsible for Injuries Caused by Employees Under the Influence of Drugs or Alcohol on the Job? An intoxicated person who causes injury to another will almost always be liable to the injured party for any damages. If that intoxicated person injures someone on the job, his or her employer may also be liable.
Is one person under no duty to control the conduct of another person?
As a general rule, one person is under no duty to control the conduct of another person.
Can an employer be liable for an intoxicated employee?
An employer may also be liable for injuries caused by an intoxicated employee under the theory of negligent retention. Under this theory, if an employer knows or should have known an intoxicated ...