Jurisprudence Questions and Answers 2023

Jurisprudence Questions and Answers 2023 What do I need to legally practice dentistry? 1- dental license in the state 2- NPI number (if billing insurance) 3-N2O permit (if using) 4- sedation permit (if using) 5-DEA number (to rx narcotics) How often at minimum should you be reviewing medical history? 1 year What is the penalty for no license? 3rd degree felony every day practicing without a license is a separate count What do you need to apply for a Texas license? 1- 21 years old 2- graduated with DDS/DMD degree 3- passed Part 1 and 2 4- regional board within last 5 years (both Perio and pros) How will you apply for a dental license in Texas? By exam How often do you have to renew CPR card? Every 2 years How long are your board exam scores good for? 5 years How much before can you take the jurisprudence exam before apply for license? 1 year How long is NPDB self query report good for? 60 days What is NPDB? A database operated by US Department of Health and Human Services that contains medical malpractice payment and adverse action reports on health care professionals If you have a level 1 permit can you practice nitrous? No, you need a separate nitrous permit If you have a nitrous permit can you practice level 1 sedation? No you need a separate level 1 permit If you have a level 4 permit can you practice nitrous? No, you need a separate nitrous permit How often do nitrous and sedation permits need to be renewed? They do not expire or require renewal What does enteral sedation mean? Through the digestive tract, taking a pill What sedation permit levels involve taking pills? Level 1 and 2 What does parenteral sedation mean? Entry other than through the digestive system, would include IV sedation What is constitutional law? Powers shared by federal and state governments What is statutory law? laws passed by legislatures from federal, state, and local leevel What is administrative law? established by agencies at federal and state levels to implement statutory laws What is common/case law? collection of judicial decisions that define what is legal or illegal that remain in effect until they are overridden by legislatures How was the states authority to regulate dentistry granted? 10th amendment to US constitution, states are vested with police powers to protect the oral health of Texans What is criminal offense? Behavior that is against public, society, or state even if its committed against an individual or individuals What is civil offense? behavior that cause injury to an individual or corporation Most common lawsuits in dentistry? malpractice breach of contract Who brings the charges and who has burden of proof in civil cases? The injured party or on behalf of the injured party is responsible to bring charges and responsible for burden of proof What is the required level of evidence for civil cases? Preponderance of evidence (more likely than not) What is the jury level of agreement required in civil cases? Texas requires 5/6 majority of jurors What are the possible penalties in civil cases? Monetary No authority for jail or punishment What does nominal mean in civil cases? no injury or loss but money awarded anyways What does compensatory mean in civil cases? to restore what has been lost What does punitive mean in civil cases? to penalize for egregious conduct What is tort law? a wrongful act or infringement of a right leading to a civil legal liability, in healthcare malpractice is considered a tort What 4 conditions are required under malpractice? 1- defendant owes the plaintiff a duty (standard of care) 2- defendant breached the duty 3- defendants conduct was the proximal cause of the injury 4- damages are due to make the injured patient "whole" What is the purpose of the TSBDE? to protect the public from dentists what is an important function of the TSBDE? receive and investigate complaints of statutes and rules violations and discipline as needed T/F no suffering needs to occur for disciplinary action to occur true What is the limit on how much the TSBDE can award damages to a patient? cannot award damages beyond the out of pocked expenses Are complications/bad outcomes considered malpractice? No Is performance of un-needed dental procedures considered malpractice? The pt would have to prove they were harmed Is there a statute of limitations for dental malpractice in the State of Texas? Yes, 2 years from the date the harm occurs Is malpractice a civil or criminal offense? Most cases is civil. In rare cases it can be criminal Who can be sued? Almost anyone for almost anything What methods are there for a patient to seek justice/compensation? Complaint to the TSBDE What pays for your legal defense? You do, unless a judgement is made against the plaintiff Who provides the evidence in malpractice suits? the expert witnesses for the plaintiff and the defendant How can you avoid being entered into the NPDB after a malpractice claim? If you settle a case "out of pocket" What is the burden of proof in civil cases? preponderance of the evidence Can the burden of proof be shared in civil cases? Yes, can be shared between the plaintiff and the defendant What happens if you ignore a court summance? a default judgement against you, you automatically lose What is the alternative in the settlement of disputes between patient and doctor? Peer review What is peer review? process of arbitration that is available to members of the ADA and the constituent or component dental society When do you report to the NPDB? 1- any malpractice lawsuit/board case must be reported if there is a negative outcome 2- refunding a pt after a written complaint How to avoid reporting to the NPDB due to refunding? 1- refund using personal funds 2- no written complaint from the patient What is the statute of limitations? Law which sets out the maximum time that parties must initiate legal proceedings from the date of an alleged offense How long is the statue of limitations in Texas? 2 years from alleged incident or 2 years from discovery of the incident What is the definition of standard of care? what a reasonable and prudent dentist would do in the same/similar circumstances while applying scientific, evidence based concepts What $ amount is pain and suffering capped at in Texas? $250,000 What are the 4 components of the most common civil lawsuits for dentists? ABCD Association (duty): there is a dentist/patient relationship Breach: caused by an act or omission on dentists part that is not in line with the standard of care Causation: act or omission must result in some type of damages Damages: economic or non economic What is the #1 most common reason for civil lawsuit against dentists? dental negligence What did the majority of dental negligence cases lack? proper informed consent and referral protocol What is a claims made policy? only covered when incident occurred and the claim is made while the policy is active