Dentist’s Legal Advisor (case studies)
After completing this course, you’ll be able to:
- Define and contrast among terms “negligent malpractice,” “gross incompetence,” and “unprofessional conduct” in the context of dental practice law.
- Point out how practicing medicine without a license can constitute unprofessional conduct for a dentist.
- List the essential elements of an informed consent and describe 4 grounds upon which the presumption of informed consent may be rebutted.
- Describe the use of dilaudid in the practice of dentistry.
- 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.
- 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.
- Distinguish between acts that constitute practice of dentistry and others that are merely mechanical functions that can be performed by an unlicensed person.
- Describe the circumstances under which a dentist should obtain informed consent of a patient.
- Outline a dentist’s responsibility to properly manage controlled substances in his dental practice.
- 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.
- Emphasize how fraudulent insurance claims can impact the license to practice dentistry.
- Delineate the responsibility of the supervising dentist to ensure that the claims and billing practices are for valid services performed.
- Define abandonment and list conditions and circumstances that would constitute abandonment.
- 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.
- Understand severe consequences of substance abuse on a dentist’s ability to practice dentistry.
- List 9 elements of fraud or misrepresentation that a dental board must prove in a license revocation proceeding.
- Explain when First Amendment commercial speech right will not protect against deceptive advertising.
- Discuss the need for expert testimony in disciplinary proceedings before a state dental board.
- Define the role of denturists and outline the scope of their work as it applies to the unlicensed practice of dentistry.
- 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.
- Court Defines Negligent Malpractice, Gross Incompetence, Unprofessional Conduct and Patient Abandonment
- Practicing Medicine Without a License Costs Dentist His License to Practice Dentistry
- Insufficient Consent Forms
- Dentist Prescribes Dilaudid After Teeth Extraction; Court Finds It “Not Necessary or Required”
- Dentist Challenges Unprofessional Conduct; Statute; Practice of Dentistry Subject to Regulation
- License Revocation Following Conviction of a Crime
- What Constitutes Practice of Dentistry
- Informed Consent: Level of Disclosure: Level of Disclosure
- Negligent Management of Controlled Substances
- Billing For Services Not Performed; Dispute Over Tooth Surface
- Oral Surgeons Claim Ignorance of False Claims Filed With Insurer
- Patient Abandonment: Abandonment or Negligence?
- Incompetence or Unskillfulness? Minimally Acceptable Level of Learning and Skill in the Day-to-Day Practice of Dentistry
- Board Revokes the License for Drug Violations; Penalty Proportionate to the Offense
- How Many Surfaces Were Restored? Accepted by Welfare, Rejected by the Board
- Misleading or Deceptive Advertising; Commercial Speech and First Amendment
- Board Revokes Dentist’s License After a Single Incident of Unprofessional Conduct
- Should Denturists Be Allowed to Work Directly for Customers or Should They Work Only Through Dentists?
- Gross Inefficiency, Patient Abandonment, Incompetence and Negligence