Professional liability

Question 1

Encompasses all possible civil liability that a professional can incur as a result of professional acts

Answer 1

PROFESSIONAL LIABILITY

Question 2

It is preferred over the term “malpractice” because the latter carries some negative evertones

Answer 2

PROFESSIONAL LIABILITY

Question 3

a tort liability - when applied to the dental profession

Answer 3

Negligence

Question 4

negligence is called

Answer 4

malpractice

Question 5

the doing of some act which a reasonable and prudent dentist would not do, or the failure to do some act which such a person should or would do

Answer 5

Negligence

Question 6

__________, or more appropriately __________, is the type of claim which a victim has available to him or her to redress a wrong committed by a dentist which has caused bodily harm

Answer 6

Malpractice
dental negligence

Question 7

simply means performance or doing of an act

Answer 7

Feasance

Question 8

the performing of an act that is wholly wrongful and unlawful

Answer 8

Malfeasance

Question 9

the improper performance of some lawful act

Answer 9

Misfeasance

Question 10

is the failure to do something that should have been done

Answer 10

Nonfeasance

Question 11

Such fault or negligence, if there is no pre-existing contractual relation between the parties

Answer 11

quasi-delict

Question 12

are civil wrongs that are done to clients

Answer 12

Torts

Question 13

in civil cases or tort actions, the person who is filing the suit seeks compensation for damages he feels he suffered as result of the action or activity in question; in the Philippines, torts are referred to as

Answer 13

quasi-delicts

Question 14

When a person is guilty of ____________, he or she is guilty of an act or failure to act

Answer 14

Culpa aquiliana

Question 15

exists when the dentist-patient relationship has been established

Answer 15

DUTY

Question 16

Neglectful of Obligation

Answer 16

DERELICT

Question 17

proof of dereliction, or proof of negligence of an obligation; the breach of professional duties of skill and care, or their improper performance

Answer 17

DERELICT

Question 18

causation which is divided into two inquiries: whether the actions in fact caused the harm and whether these were the proximate cause of the injury

Answer 18

DIRECT CAUSE

Question 19

injury results from want of due care or skill; dentists may be held answerable in damages for negligence

Answer 19

DAMAGES

Question 20

The burden of proving each of the four elements of negligence is on the plaintiff

Answer 20

PROXIMATE CAUSE

Question 21

Failure to prove any one of the elements may result in dismissal of the case

Answer 21

PROXIMATE CAUSE

Question 22

The most common rule is the reasonable person rule

Answer 22

STANDARDS OF PRACTICE

Question 23

the written or verbal evidence given by a qualified expert in an area

Answer 23

Expert Witness

Question 24

like textbooks, journal articles, etc. published by national organizations such as the PDA

Answer 24

Documentary Evidence

Question 25

“the thing or the transaction speaks for itself”

Answer 25

DOCTRINE OF RES IPSA LOQUITOR

Question 26

the thing which caused the injury complained of is shown to be under the management of the defendant or his servants and the accident is such as in ordinary course of things does not happen of those who have its management or control use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from or was caused by the defendant’s want of care

Answer 26

DOCTRINE OF RES IPSA LOQUITOR

Question 27

Requisites of res Ipsa Loquitor

Answer 27

* The accident is of a kind which ordinarily does not occur in the absence of someone’s negligence * It is caused by an instrumentality within the exclusive control of the defendant/s * The possibility of contributing conduct which would make the plaintiff responsible is eliminated

Question 28

If the dentist, after a prolonged treatment of a patient which normally produces alleviation of the condition, fails to investigate non-response may be held liable if in the exercise of the care and diligence he could have discovered the cause of non-response

Answer 28

DOCTRINE OF CONTINUING NEGLIGENCE

Question 29

Usually applied to foreign body cases, improper setting of broken bones, in the application of cast, and in wrongful diagnosis

Answer 29

DOCTRINE OF CONTINUING NEGLIGENCE

Question 30

Anyone who voluntarily assumes the risk of injury from a known danger, if injured, is barred from recover

Answer 30

DOCTRINE OF ASSUMPTION OF RISK

Question 31

This is based upon a maxim **“violent non fit injuria”**, which means that a person who assents and injured is not regarded in law to be injured, edicted upon knowledge and consent

Answer 31

DOCTRINE OF ASSUMPTION OF RISK

Question 32

A dentist cannot be liable for negligence if the injury sustained by a patient is on account of unforeseen conditions But, a dentist who fails to ascertain to condition of the patient for want of the requisite skills and training is answerable for the injury sustained by the patient if injury resulted thereto

Answer 32

DOCTRINE OF FORSEEABILITY

Question 33

It provides that if an employee was injured on account of the negligence of his fellow employee, the employer cannot be held liable

Answer 33

FELLOW SERVANT DOCTRINE

Question 34

Any person who, in good faith, renders emergency medical care or assistance to an injured person at the scene of the accident or other emergency without the expectation of receiving or intending to receive compensation from such injured person for such service, shall not be liable in civil damages for any act or omission, not constituting gross negligence, in the course of such care or assistance

Answer 34

RESCUE DOCTRINE

Question 35

Under the rule, the tortfeasors are joint and severally liable, meaning the plaintiff-patient can recover damages in full from either

Answer 35

DEEP POCKET RULE

Question 36

Liability will be compensated by an adjudged person by the court; adjudge person will be a rich person or deep pocket person

Answer 36

DEEP POCKET RULE

Question 37

Give examples of dental malpractice

Answer 37

* Nerve injuries * Negligently completed crowns and bridges * Failure to take patient’s relevant medical history * Failure to detect oral cancer, periodontal disease, or other diseases * Unnecessary extraction of multiple teeth * Extraction of wrong teeth