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1. 1
The Dentist’s Legal
Responsibilities to the Patient
Dental Law and Ethics

2. 2
Responsibilities of the Dentist and the Assistant:
•Proper licensure:
–All legal requirements have been met for
the dentist to practice
–If required by state law, the assistant must be registered or
certified in radiation health and safety
•Exercising reasonable judgment and skill:
–Skill:refers to knowledge plus the ability to use such
knowledge
–Care:relates to the manner in which skill is used
–Judgment: refers to the decision making process in the
choice of procedural methods

3. 3
Legal Responsibilities
Dentist’s responsibilities to patient
•Properly licensed
•Skill, care, judgment
•Patient autonomy
•Do not abandon patient
•Refer to specialist
•Standard techniques, materials,
drugs
•Reasonable results within
reasonable time
•Patient privacy
•Adequate instructions
•Reasonable fees
Patient’s responsibilities to dentist
•All instructions will be followed, e.g.,
postoperative instructions; home-care
instructions; cooperation with treatment
such as wearing elastics, controlling
diet, conducting oral hygiene, etc.
•• Appointments will be kept.
•• Fees for services will be paid.
•• Patients will conform to generally
accepted modes of behavior.
•• Patients will be truthful regarding their
health history and other administrative
inquiries.

4. 4
Responsibilities of the DA:
•Develop and maintain skills through CEU’s
•Maintain current CPR certification
•Perform duties to best of ability each time
•Exercise good judgment
•Think before you say or do anything
•Use reasonable care at all times

5. 5
Skill, Care, Judgment
•Knowledge plus ability to use such knowledge
•Manner in which the skill is used
•Decision-making process in making choice of
procedural methods

6. 6
Patient must give consent for doctor
to provide any treatment
Patient autonomy and informed consent

7. 7
Consent requires:
–Patient must be legally competent
–It must be an informed consent
–The consent is only for a specific treatment
–The act consented to must be legal
–The consent is not established by a fraudulent means

8. 8
Consent:
Informed consent
•given after the patient has been
given reasonable information
to make an educated choice of
treatment
–Nature of condition
–Proposed treatment
–Risks involved
–Chances of failure
–Likely results if patient remains
untreated
–Alternative procedures that
could be employed
Implied consent
•refers to the consent that is
presumed by the actions of
the patient
•Patient enters office and sits
in dental chair, indicates
implied consent for dentist to
examine, diagnose, and
consult
•Further treatment requires
informed consent from
patient

9. 9
What happens to
consent during an
emergency?
implied consent

10. 10
What happens to consent during an emergency?
•Implied consent is used in an emergency when
immediate care is necessary
–Emergency = patient is in danger of death or serious bodily
harm and is unable to give consent verbally or in writing
•Implied consent would also be used in an emergency
when a parent cannot be reached to give consent for a
minor

11. 11
Written Consent Required:
–When new drugs are used
–Experimental clinical testing is involved
–Whenever a patient photograph may be used
–For the use of general anesthesia
–When minors are being treated in a public program
–When treatment will take more than one year to complete

12. 12
If the doctor is not available:
•Abandonment =desertion, or the dentist’s not being
accessible to a patient under treatment (patient of
record) at any time the patient may reasonably require
assistance
–Arrange for coverage from another dentist
–Arrange “on call” coverage when office is closed
–Arrange schedule so that patients can get appointments
without unreasonable delays
•Daily “buffer time” for emergency calls
–Failure to pay does not allow dentist to refuse to complete
patient of record treatment
–The dentist must address the patient when they call, and be
available to address their questions

13. 13
Withdrawing from a Case:
•The dentist’s intentional withdrawal from treatment of a patient prior
to completion of current treatment plan
–A written notification must be sent
–The letter must be sent by certified mail, return receipt requested (documented
proof that letter was sent and received)
–Copy of letter and signed postal receipt kept with patient chart
–Letter must include
•Notification of intent to withdraw and the reason
–Failure to follow advice or to keep appointments are often the case
•The withdrawal date (allow about 30 days)
–Dentist must continue to provide care if patient seeks it, for this time
•The need for further care and results of not receiving that care
•An offer to help (transfer dental records to another dentist or suggesting another
dentist)
•The doctor’s signature

14. 14
Referrals:
•General dentists may perform all dental treatments
–Good judgment must be made in regard to the dentist’s level of
abilities
•Dentist should refer to specialist
–when he/she does not possess required knowledge or skill to treat
the condition
–Failing to refer patient in timely manner = malpractice
•Documentation in patient chart:
–Date of referral and name of recommended specialist
–Copy of consultation report and any other correspondence from
specialist
–Signed informed refusal form if patient refuses doctor’s
recommendations

15. 15
Standard of Care
•responsibility to use current techniques used by other
dentists in the area
•proper use of drugs requires

16. 16
Achieving a Reasonable Result
•Law = dentist fulfill a legal duty to exercise the
standard of care
•Unrealistic expectations can lead to lawsuits
•Treatment should be completed within a reasonable
amount of time, and should not extend beyond one year
•HIPAA laws protect patient’s privacy

17. 17
Provide adequate instructions
•Written and verbal instructions to patient for post-
operative care
•Explained in language and manner that patient can
understand

18. 18
Reasonable fees
•Reasonable = fee that dentist and patient have agreed
upon
•Completed dental work becomes personal property of
patient