informed consent

Question 1

An important legal protection is the right to give informed
consent to treatment

Answer 1

INFORMED CONSENT

Question 2

True or False

A dentist who performs a procedure on a client without informed consent may be found civilly liable for committing battery

Answer 2

True

Question 3

The basic principle of informed consent is that:

Answer 3

• Give proper education about the risks and benefits
• The patient has the right to choose freely whether to submit to treatment or not
• Unless the dentist has provided the patient with scientifically valid, accurate information about the treatment, a state of informed consent does not exist

Question 4

Should reflect that the patient already has informed consent about the treatment option of the clinician

Answer 4

INFORMED CONSENT FORM (ICF)

Question 5

WHO CAN GIVE INFORMED CONSENT?

Answer 5

1. Any capacitated patient
2. Spouse - if patient himself cannot give informed consent
3. A parent or natural guardian in case of minors
4. A guardian in case a person is incapacitated to give consent
5. A legal guardian appointed by the court
6. Duly appointed officers of the Department of Social Welfare and Development (DSWD)

Question 6

before a dentist could do a physical examination, the proper consent must be given by the patient

Answer 6

Non-Consensual Physical Contact

Question 7

the patient has the right to be informed regarding procedures, risks, and alternatives, and answers to questions with respect to treatment, in terms that they can be reasonably expected to understand

Answer 7

Non-Consensual Medical Treatment and Procedure

Question 8

The failure, without legal reason, to comply with the terms of contract

Answer 8

BREACH OF CONTRACT

Question 9

It is also defined as the failure without legal reason excuse, to perform any promise which forms the whole or part of the contract

Answer 9

BREACH OF CONTRACT

Question 10

Is the existence of an agreement or bargained-for exchange where one of the parties fails, without a legally valid excuse, to live up to his or her responsibilities under the contract

Answer 10

BREACH OF CONTRACT

Question 11

True or false

A contract may be breached in whole only

Answer 11

False

A contract may be breached in whole or in part

Question 12

a breach of contract usually occurs by one or more of the parties in one of the following ways:

Answer 12

• Failing to perform as promised
• Making it impossible for the other party to perform
• Making it known there is an intention not to perform

Question 13

States that you cannot enforce contracts that are not in writing

Answer 13

STATUTE OF FRAUDS

Question 14

What contracts must be in writing?

Answer 14

• Sales of real property
• Promises to pay someone else’s debt
• A contract that takes longer than one year to complete
• Property leases for more than one year
• Contracts for more than a certain amount of money, the amount of which is set by the state (500)
• A contract that will go beyond the lifetime of the one performing the contract
• The transfer of property upon the death of the party performing the consent

Question 15

• Refers to the prescription period
• Every action has a corresponding period to perform

Answer 15

STATUTE OF LIMITATIONS

Question 16

are laws that set the deadline or maximum period of time within which a lawsuit or claim may be filed

Answer 16

Statutes of limitations

Question 17

• The deadlines vary depending on the circumstances of the case, and the type of case or claim
• Within how many years from the time of negligence or malpractice?

Answer 17

• Statute of Limitations
• 6 years

Question 18

If you sue for breach of contract, you must sue within the ________

Answer 18

statute of limitations

Question 19

“let the master answer”;
the dentist may be held liable for the wrongful act of his or her dental assistant

Answer 19

Doctrine of Respondeat Superior

Question 20

a dentist with people using the dentist’s name as an agent even without permission, the dentist can be held liable if the dentist remains silent

Answer 20

Doctrine of Ostencible Agent or Holding Out Theory or Agency by Estoppel

Question 21

applicable to visiting dentists

Answer 21

Borrowed servant Doctrine

Question 22

the surgeon is likened to a ship captain who is responsible for everything that goes wrong in the operating room, including those acts done by those under him

Answer 22

Captain of the ship Doctrine

Question 23

substitute liability

Answer 23

Vicarious Liability of Hospital

Question 24

is under the State Immunity from Suit; government cannot be sued

Answer 24

Government or Public Hospital

Question 25

also cannot be sued because it sources its funds from charity or donations of funds to help other people

Answer 25

Private Charitable or Eleemonsynary Hospital Private Charitable or Eleemonsynary Hospital

Question 26

those entering private charitable or government hospital cannot sue the hospitals, implying their waiver of this right to sue

Answer 26

Implied Waiver Theory

Question 27

those patients in private charitable hospitals do not have a contract to the hospital, only the doctor

Answer 27

Doctrine of Independent Contractor

Question 28

May be defined as the pecuniary compensation, recompense, or satisfaction for an injury sustained, or as otherwise expressed, the pecuniary consequences which the law imposes for the breach of some duty or the violation of some right

Answer 28

DAMAGES

Question 29

are the amounts recoverable or that which can be awarded for the damage done or sustained

Answer 29

DAMAGES

Question 30

is the legal invasion of a legal right

Answer 30

Injury

Question 31

is the hurt, loss or harm, which results from the injury

Answer 31

damage

Question 32

there can be damage without injury in those instances in which loss or harm was not the result of a violation of a legal right

Answer 32

Damnum Absque Injuria

Question 33

In such cases, the consequences must be borne by the injured person alone

Answer 33

Damnum Absque Injuria

Question 34

The law affords no remedy for damages resulting from an act that does not amount to a legal injury or wrong

Answer 34

Damnum Absque Injuria

Question 35

If a damage results from a person’s exercising his legal rights

Answer 35

Damnum Absque Injuria

Question 36

They cannot be granted unless supported by the evidence on record

Answer 36

ACTUAL DAMAGES

Question 37

It is the compensatory or actual damages that are most frequently involved in professional liability cases

Answer 37

ACTUAL DAMAGES

Question 38

Includes physical suffering, mental anguish, fright, serious anxiety, besmitched reputation, wounded feelings, moral shock, social humiliation, and similar injury

Answer 38

MORAL DAMAGES

Question 39

# True or False There is no hard and fast rule in the determination of what would be a fair amount of moral damages

Answer 39

True

Question 40

BASIS OF AWARD OF MORAL DAMAGES

Answer 40

* moral damages are not punitive in nature but are designed to compensate and alleviate in some way the physical suffering, mental anguish, etc. unjustly caused to a person * Such damages, to be recoverable, must be the proximate result of a wrongful act or omission of the factual basis for which is satisfactorily established by the aggrieved party

Question 41

CONDITIONS FOR AWARD OF MORAL DAMAGES

Answer 41

* Duty * deviation * direct causation * damage

Question 42

This is usually the Civil Code

Answer 42

LEGAL PROVISIONS MANDATING AWARD OF MORAL DAMAGES

Question 43

suit that is groundless, malicious, without probable cause, or part of conspiracy

Answer 43

Unfounded suit

Question 44

a small sum of money awarded to a plaintiff to commemorate the fact the plaintiff won their civil case in court.

Answer 44

Nominal damages

Question 45

are more than nominal but less than compensatory damages

Answer 45

Temperate or Moderate damages

Question 46

a predetermined or specified amount of money that must be paid as damages if one party fails to meet certain contractual requirements

Answer 46

Liquidated Damages

Question 47

are imposed, by way of example or correction for the public good

Answer 47

Exemplary or Corrective Damages

Question 48

An important legal protection is the right to give informed consent to treatment; this can be done through interviewing

Answer 48

INFORMED CONSENT

Question 49

In writing informed consent, what should the Dentist do?

Answer 49

* Dentist is to properly educate the patient about the risks and benefits of the proposed treatment * Dentist gives alternative treatment options * Dentist may also give the option of no treatment * The patient has the right to choose freely whether to submit to treatment or not * Treatment results would be dependent 50% on dentist and 50% on patient

Question 50

should be signed by the patient after giving the informed consent to the patient

Answer 50

INFORMED CONSENT FORM

Question 51

modified for different cases because of different risks, different treatment alternatives, and different procedures

Answer 51

INFORMED CONSENT FORM

Question 52

If condition is inherent like bleeding, discomfort, pain, or anesthesia, you can opt for what?

Answer 52

you may not include it in the informed consent

Question 53

How long should ICF be kept for?

Answer 53

10 years

Question 54

COMMUNICATION/LANGUAGE BARRIER ISSUES IN INFORMED CONSENT TAKING

Answer 54

* If there is no way to communicate with the patient and give informed consent, you may refer the patient to other facilities who can understand the language * If patient is persistent on being treated at your clinic, then an interpreter is required in order to have informed consent * Interpreter should be honest and dependable * Interpreter should affix his/her signature to signify that the translation is successful