問題一覧
1
Important legal protection; properly educated by the dentist.
Informed Consent
2
Who can give informed consent?
Capacitated Patient, Spouse, Parent, Legal Guardian Appointed by the Court, Social Welfare
3
Two Subject Matter of Informed Consent
Non Consensual Physical Contact, Non Consensual Medical Treatment and Procedure
4
Failure without legal reason to comply.
Breach of Contract
5
In the statute of limitation for breach of contract it is ____ years if written and ____ years if oral.
10 & 6
6
T or F. Statute of fraud only applies executory fraud and application is limited.
True
7
T or F. Statute of limitation of fraud cannot be filed within deadline or maximum period.
False
8
Check all Valid Defense for Breach of Contract.
Incompetence (Minor or Mentally Illed) , Under pressure or influence, One side prevented by the other , Has "Free Way Out" , Engaged in Fraud, Change of Agreement, Illegal purpose or act, Acceptance without claiming
9
T or F. Torts are criminal and not civil.
False
10
A person causes damage to another; Case if there is no contractual relation between parties.
Quasi-Delict
11
Article 2176 of the civil code: "Let the master answer"; person is liable for consequences for his own actions.
Doctrine of Respondeat Superior
12
Check all sub classification of Doctrine of Respondeat Superior.
Doctrine of Ostencible , Borrowed Servant Doctrine, Captain-Of-The-Ship Doctrine, Vicarious Liability of the Hospital
13
It is used distinguished their attending and visiting physical maybe contractual or independent.
Consultant
14
Most important test courts apply; determination of employer's control.
Control Test
15
A pecuniary compensation or the recoverable amounts.
Damages
16
A legal invasion of legal right.
Injury
17
The loss of harm causing injury.
Damage
18
Damage without injury resulting from person exercising his/her legal rights.
Damnum Absque Injuria
19
Two types of Damages
Actual , Moral
20
A damage that involves pecuniary loss suffered having professional liability cases.
Actual
21
A damage that involves physical and mental suffering; no hard or fast rule.
Moral
22
T or F. Moral damages are not punitive in nature.
True
23
Check all Conditions for Award of Moral Damages.
Injury, Award of Damages (Art.2219) , Wrongful Act
24
T or F. Under Article 2219 Culpa Contractual, moral damages may be recovered.
True
25
Special rule in Article ______ in relation to article 2206 may be awarded in case of passenger's death.
1764
26
It is when moral damages are recovered after an act or omission causes physical injuries or perpetrator are guilty of intentional tort.
Culpa Acquiliana
27
Term referred to Article 2219, following the ejusdem generis rule, must be held similar to those expressly enumerated by the law.
Analogous Case
28
Check all Four parts of the Severity of Damages.
Nominal Damages , Temperate Damages, Liquidated Damages, Exemplary Damages
29
Encompasses all possible civil liability that a professional can incur as a result of professional acts.
Professional Liability
30
Latter carries some negative overtone.
Malpractice
31
Three Classification of Professional Liability
Malfeasance, Misfeasance , Feasance
32
Four D's of Negligence
Duty, Derelict, Direct Cause, Damages
33
T or F. Negligence cannot create a right of action unless it is the proximate cause
True
34
Most common rule is the reasonable person rule.
Standard of Practice
35
T or F. If the dentist fails to investigate nonresponse may be held liable if in the exercise of the care and diligence he could have discovered the cause of non-response.
True
36
The doctrine is predicted upon knowledge and consent.
Doctrine of Assumption of Risk
37
T or F. Doctrine of Assumption of Risk is based upon a maxim "violent non fit injuria"
True
38
It provides that if a servant was injured on account of the negligence of his fellow servant. the employer cannot be held liable.
Fellow Servant Doctrine
39
Under this rule, the tortfeasors are joint and severally liable, meaning the plaintiff-patient can recover damages in full from either.
Deep Pocket Rule
40
Extraordinary events not foreseeable or avoidable.
Force Majeure
41
Extraordinary natural event, without human intervention, that cannot be reasonably foreseen, avoided or prevented.
Act of God
42
Event unusual to and not expected by the person to whom it happens.
Accident