Dentist’s Legal Advisor (case studies)

Learning Objectives

After completing this course, you’ll be able to:

  1. Define and contrast among terms “negligent malpractice,” “gross incompetence,” and “unprofessional conduct” in the context of dental practice law.
  2. Point out how practicing medicine without a license can constitute unprofessional conduct for a dentist.
  3. List the essential elements of an informed consent and describe 4 grounds upon which the presumption of informed consent may be rebutted.
  4. Describe the use of dilaudid in the practice of dentistry.
  5. Explain why statutes on unprofessional conduct of a dental professional often do not spell out each and every act that may trigger a disciplinary action.
  6. State the conditions under which the proof of a felony conviction by itself, as distinguished from proof of the conduct underlying the conviction, is a sufficient basis for the revocation of a license to practice dentistry under the Dental Act.
  7. Distinguish between acts that constitute practice of dentistry and others that are merely mechanical functions that can be performed by an unlicensed person.
  8. Describe the circumstances under which a dentist should obtain informed consent of a patient.
  9. Outline a dentist’s responsibility to properly manage controlled substances in his dental practice.
  10. Emphasize the adverse impact on a dentist’s license to practice dentistry as a result of submitting false and fraudulent claims to the insurer for services not actually performed.
  11. Emphasize how fraudulent insurance claims can impact the license to practice dentistry.
  12. Delineate the responsibility of the supervising dentist to ensure that the claims and billing practices are for valid services performed.
  13. Define abandonment and list conditions and circumstances that would constitute abandonment.
  14. Discuss what the terms “incompetence or unskillfulness” actually signify in the practice of dentistry. Define the minimally acceptable level of learning and skill in the day-to-day practice of dentistry.
  15. Understand severe consequences of substance abuse on a dentist’s ability to practice dentistry.
  16. List 9 elements of fraud or misrepresentation that a dental board must prove in a license revocation proceeding.
  17. Explain when First Amendment commercial speech right will not protect against deceptive advertising.
  18. Discuss the need for expert testimony in disciplinary proceedings before a state dental board.
  19. Define the role of denturists and outline the scope of their work as it applies to the unlicensed practice of dentistry.
  20. Discuss and define following terms in the practice of dentistry: gross inefficiency, misrepresentation, patient abandonment incompetence, negligence, and unprofessional conduct.

To assess the effectiveness of the course material, we ask that you evaluate your achievement of each learning objective on a scale of A to D (A=excellent, B=good, C=fair, D=unsatisfactory). Please indicate your responses next to each learning objective and return it to us with your completed exam.

Course Contents

  1. Court Defines Negligent Malpractice, Gross Incompetence, Unprofessional Conduct and Patient Abandonment
  2. Practicing Medicine Without a License Costs Dentist His License to Practice Dentistry
  3. Insufficient Consent Forms
  4. Dentist Prescribes Dilaudid After Teeth Extraction; Court Finds It “Not Necessary or Required”
  5. Dentist Challenges Unprofessional Conduct; Statute; Practice of Dentistry Subject to Regulation
  6. License Revocation Following Conviction of a Crime
  7. What Constitutes Practice of Dentistry
  8. Informed Consent: Level of Disclosure: Level of Disclosure
  9. Negligent Management of Controlled Substances
  10. Billing For Services Not Performed; Dispute Over Tooth Surface
  11. Oral Surgeons Claim Ignorance of False Claims Filed With Insurer
  12. Patient Abandonment: Abandonment or Negligence?
  13. Incompetence or Unskillfulness? Minimally Acceptable Level of Learning and  Skill in the Day-to-Day Practice of Dentistry
  14. Board Revokes the License for Drug Violations; Penalty Proportionate to the Offense
  15. How Many Surfaces Were Restored? Accepted by Welfare, Rejected by the Board
  16. Misleading or Deceptive Advertising; Commercial Speech and First Amendment
  17. Board Revokes Dentist’s License After a Single Incident of Unprofessional Conduct
  18. Should Denturists Be Allowed to Work Directly for Customers or Should They Work Only Through Dentists?
  19. Gross Inefficiency, Patient Abandonment, Incompetence and Negligence