juris-final presentation

Juris Presentation

Benfit, Co, Demejes, Osias, Taupa, Tolentino, Valdez

Informed Consent

• A dentist who performs a procedure without informed consent may be found civilly liable for committing battery.

Civil Liability

• Any person who willfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.

Forms of Contractual Relationship

• A contract may be written or oral, express or implied.

Acts constitutive of Illegal Practice of Dentistry

• Any person who practice the profession to whom the definition of the practice of dentistry, dental hygiene or dental technology does not apply.

Voidable Contracts

• Those where one of the parties is incapable of giving consent to a contract.

• Those where the consent if vitiated by mistake, violence, intimidation, endue influence or fraud.

Rights Incidental to the Practice of Dentistry

• Right to be Paid for Dental Service Rendered

Right of Patients

• Right to Privacy

Obligations of Patients to Dentist

• Must provide information about past illnesses, hospitalizations, medications and health status.

Evidence of Professional Credentials shall be displayed in his clinic or

reception room

• The dentist’s:

– school diploma

– Certificate of registration

– Professional identification card

– Certificates

– Training residency

– Certificate of proficiency

Use of professional titles and degrees

• The dentist shall use only the usual titles and academic degrees such as

– Doctor

– Dentist

– DDS (doctor of dental surgery)

– DMD (doctor of dental medicine)

– DDM

– PhD (Doctor of Philosophy)

Acts constitutive of Illegal Practice of Dentistry

• Any person who shall practice dentistry in the Phillipines, without a certificate of registration and professional identification card and special permit.

Revocation or Suspension of Certificate of Registration and Professional Identification card

• For alcoholism or drug addiction causing him/her to become incompetent to practice dentistry.

Suspension and Removal from Office

• (Chairman- Steve Mark G. Gan)

• abuse of power

• Unprofessional

• Unethical, immoral or dishonorable conduct

Ignorantia legis nominem excusat

• Ignorance of the law excuses no one from the compliance therewith.

• A dentist, therefore, must have sufficient knowledge of the law.

Fake Diploma

ActressesScene 1

Cali Benfit…………………………………..Female Dentist

Florence Co………………….…….…………………Husband

Marinel Tolentino…………………...…..…………Friend of Dentist

Scene 2

Monica Taupa……………………..……………………..…………Dentist

Beryl Ann Demejes…………………………….………………AIDS patient

Gianni Valdez…………………….…….………………………Receptionist

Scene 3

Florence Co…………………..…………………….Dr. Steve Mark Gan

Barry Osias……………………………….…....Female dental assistant

Marinel Tolentino……………………..………………….Female patient

Gianni Valdez…………………….……………………………….…..Judge