The courts

Article Abstract:

Four court decisions of interest to dentists are described and briefly explained. In one, the US Supreme Court ruled that the Employment Retirement Income Security Act takes precedence over state law. The case concerned a respondent injured in an automobile accident, and revolved around whether the employer could seek reimbursement (for insurance benefits) from the injured party if the party obtained money through a lawsuit. The state said this was not allowed. The second case concerned a court ruling that a dentist's error in professional judgement should be evaluated against a standard of reasonable skill, and that the dentist should not be liable for the medical history intake form. In this case, the patient argued that the form was defective and had failed to require reporting of a history of heart disease and related factors. The court ruled that neither the dentist nor the publisher of the form were liable. The third case concerned a dentist convicted of willfully evading taxes and did not file a 1981 tax return. This individual had decided the tax was 'voluntary' and kept two sets of books, on grounds of privacy. Evidence against the dentist, obtained from a dumpster near the office, was admitted, although the dentist sought to exclude the evidence as private. Finally, a Florida woman who claims to have contracted AIDS from dental work has filed a lawsuit against the dental health plan under which the work was done. She alleges the plan was negligent for failing to warn patients that the dentist (consulted under contract with the plan) had AIDS. (Consumer Summary produced by Reliance Medical Information, Inc.)

Dental law

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Dental office emergencies: do you know your legal obligation?

Article Abstract:

Medical emergencies that occur in the dentist's office can sometimes have legal consequences. Guidelines are presented to help dental practitioners make decisions regarding the proper course of action in such situations. Examples are given of various medical emergencies in the dental office and their possible legal implications. There are a number of measures dentists can take to protect themselves, including compliance with state regulations, being trained in CPR and basic life support, instructing the office team members to call for medical assistance, refraining from dispensing medical advice and keeping abreast of developments in the dental field. Being prepared can go a long way toward enabling dentists to make the right decision when a medical emergency occurs in their office.

Management, Usage, Cover Story, Medical emergencies, Emergency medicine

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What are my responsibilities when a colleague is abusing controlled substances?

Article Abstract:

Dentists should report all colleagues who abuse controlled substances to the professional assistance committee of the local or state dental society, according to the American Dental Association's Principles of Ethics and Code of Professional Conduct. State laws differ, but all but four states have some type of peer assistance program.

Drug use

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