Forensic Dentistry: Legal Aspects & Malpractice

Posted on Dec 11, 2024 in Law & Jurisprudence

Forensic Questionnaire

1. What are the benefits of the trial?

It is the guiding factor of all new criminal proceedings, where their benefits will unify and determine the activity of participants and the proceedings at the stage of investigation and preparation, leading all the work of such persons towards the completion of the trial.

2. Mention the difference between a complaint and a demand.

The difference is presented in different legal fields: The complaint is filed within the criminal sphere (afflictive penalties or loss of freedom) and demands within the civil sphere (monetary compensation).

3. Requirements on behalf of intent:

• Knowledge: The person acts knowing that an offense is committed.
• There is a spirit: They want the result and do not avoid it.
• Freedom: The person acts freely without anyone breaking the law requiring it.

4. In general terms, what does insurance cover?

It covers bodily injury or property damage that occurs during the term of the policy and affects third persons served by the insured professional because of a mistake, negligence, or error.

• Use of X-ray machines for both research and therapeutic purposes.
• Compensation expenses (UF 5000 or 2500) and criminal defense costs (1,250 or 625 UF).

5. Explain mandatory malpractice insurance.

Professional indemnity insurance is a requirement to practice dentistry in the private sector, although it is recommendable to have it even if one only works in public health care.

6. What is CONACEO?

It is the entity that certifies dental specialties.

7. What is the legally valid informed consent and medical record in court?

They have a high validity because they are legal documents that could relieve us of any accusation that is being made, since informed consent is signed by the patient to acknowledge the procedure and possible complications during and after treatment, and the medical record is where all information is recorded regarding the patient, their health, and all acts and activities that have been performed.

8. What is known as professional solidarity?

It is the wisdom we have with the comments we make about other professionals in the area and to always act under a strict ethical stance. In any case, it is proposed to endorse or advocate incorrect situations poorly understood.

9. What age group has the highest number of claims?

The group located between 25 and 44 years of age.

10. If we divide professionals by sex, what has a greater number of claims?

Women (the question is badly done because what comes out is the gender division of patients with the highest number of claims, not professionals by gender).

11. What is the percentage of malpractice claims related to non-specialists and specialists?

Specialists, 70% of the cases for trial for alleged negligence and non-specialists, 20%.

The remaining 10% do not correspond to medical professionals.

12. Mention the percentage of claims:

• Medical: 80%
• Dentists: 10%
• Other health professionals: 10%

13. Name four possible explanations for the increase of complaints in the field of health:

• Depersonalization of health care.
• Patients have greater access to information about their treatment (media).
• The complexity of medical practice, this exercise is based on an inexact science.
• Technological development of medicine and subspecialties.

14. What is the decreasing order of complaints by the health system?

• Private system: 52%
• Public system: 39%
• Armed Forces System: 9%

15. What conclusion can be inferred in relation to the increase in complaints in the field of health?

In conclusion, health professionals must put themselves in tune and update their knowledge in this area to address these new challenges. We cannot ignore the legal implications of medical acts; everything we do within our practice may have legal consequences.

16. Wherein lies the complexity of medical practice?

The complexity is that this exercise is based on a science that is accurate, it depends on many variables.

17. What should a mediator do, and what should they possess prior to mediation taking place?

By law, the mediator should have a professional title of a career of at least a 10-semester course, five years of work experience, have an office, and mediation skills. All this because the regulation requires preparation, although not specific in the area of health.

18. If a health professional does not reach an agreement through mediation, what happens?

The parties are free to share, and in this case, the patient may file a complaint or suit for alleged malpractice.

19. What is the purpose of the oromaxillofacial examination by the expert?

Determine the root cause (etiology), the instrument that causes the healing time, and the time of incapacity.

20. Forensic identification, on whom can it be performed?

• People (undocumented, amnesiac, children, impersonators).
• Corpses
• Bones
• Partial remains unknown
• NN (No Name)

21. Name the three indirect methods of identification used today:

• Techniques of photographic superimposition radiographic scans.
• Technical artificial facial reconstruction: Forensic Sculpture.
• Plasty technique forensic reconstruction, etc.

22. Name the parts of dental professional law:

• Professional practice
• Corporations of dentists.
• Medical confidentiality in dentistry.
• Responsibility of the dentist before the law.

23. Is there a rule setting the amount of legal fees? Explain.

There are no rules. They are delivered to the law of supply and demand for the convenience of the patient and physician. There is a fee of “recommendation” that has developed the College of Surgeons, Dentists, which cannot be compulsory given the current legislation, but it is used as a reference by the judges to resolve any conflicts between dentist-patient fees.

24. What are the traces of bites?

They serve to identify the offender or to rule out a suspect.

25. Name the conditions for the existence of professional responsibility.

a. There must be a mandatory legal rule.

b. The practitioner must have violated the rule set, as unintentional.

c. There must be actual damage.

26. Why must violating an established rule be on an involuntary basis?

To be involuntary defines this act as an unintentional tort or wrongful act, otherwise, we would be facing a criminal act or fraud.

27. Define possible risk.

The risk is present in all surgical or drug therapy action undertaken by the professional, but always the benefits of such action outweigh the disadvantages.

28. What does forensic professionals worry about?

They are concerned with the study materials that cover the everyday tasks of daily medical materials which project their duties and rights.

29. What do forensic professionals study?

They study the performance of the health professions in relation to the law and the law.

30. Name the four documents regularly issued by dentists.

• Medical history.
• Medical Leave.
• Certificate number (e.g., injury, income to some schools dealings, or parent of the Armed Forces).
• Recipe or prescription.

31. Can a health care professional prescribe any medication? Give an example.

Some professionals such as midwives are restricted and can only prescribe certain drugs such as psychotropic drugs, while doctors, surgeons, and dentists can prescribe any medication if the treatment is justified.

32. Name the different types of recipes.

• Prescription.
• Master recipe.
• Prescription hold.
• Recipe check.

33. Every doctor has a legal obligation to report specific situations. What are they?

• Faced with a violent or provoked death.
• In response to injury attributable to third parties.
• In response to infectious diseases.
• Confronting sexually transmitted diseases.

34. What is secrecy?

It is the obligation of physicians and dentists to keep reserves of the facts known to them during the course of their work. This obligation arises from legal and ethical standards.

35. What is the moral support of secrecy?

The Hippocratic Oath and codes of ethics of the medical associations and dentists.

36. What is the legal support of secrecy?

Secrecy is an objective law of the patient that the practitioner is required to strictly adhere to, being a natural right, not promised or agreed.

37. Name 4 reasons why you can break medical confidentiality.

• Facing death suspicious, violent, or provoked.
• Personal injury.
• When reporting infectious diseases.
• By registering a birth.

38. What does that turn into professional trade associations?

• Cease to be public law institutions.
• Do not carry the registration of members of the Order.
• They cannot fix minimum fee roles.
• Ethics is monitored by the ordinary courts.
• Not required to belong to them.

39. By submitting a false certification, what kind of form of illegal practice of the profession are failing?

It has failed false certification and falsification of public documents.

40. Name Isapres objectives.

• Granting of benefits of health benefits.
• It relates to the member by contract.

41. Mention the minimum benefits that must have an ISAPRE.

• Consideration of preventive mediation.
• Protection of women during pregnancy and until the 6th month post-birth.
• Protection of children up to 6 years.
• Granting of sickness benefit Health Act.

42. What are you concerned about professional liability?

It is directly related to Claims or complaints against health professionals. It is concerned with the design and legal value of documents that usually occupy, what features should have these. Within these we have, the consults, medical records, informed consents, contracts, some aspects of medical confidentiality, and new proposals in the field of prevention in liability (medical malpractice).

43. Define Ethics Framework.

“Framework for all health professionals should know and respect.” Of the profession, habitual, which is the entire set of laws, decrees, regulations, rules, and forms of ethical conduct to consciously or unconsciously governs the performance of medical, dental, and health care all of which we will evaluate the time to see us in circumstances of conflict with patients.

44. Define legal responsibility.

The obligation to repair itself or another as a result of a crime, guilt, or other lawful cause.

45. Name the kinds of responsibilities.

R. Social

R. Religious

R. Moral

R. Legal

46. In what stages of care we can find professional responsibility?

During diagnosis, the choice of treatment, and during treatment delivery.

47. Why can one err in the diagnosis of our patient?

For media infrastructure and inadequate technology, poor working conditions, overloading of care, lack of vocational training, etc.

48. Why can we err on the choice of treatment?

For lack of training, experience, information, preparation, etc.

49. What are alternative outlets in an indictment?

They are solutions to the conflict that shorten the process and prevent the case from going to trial, provided you meet the requirements.

50. Name the types of alternative outlets.

• Conditional suspension of the procedure.
• Compensation agreements.

51. How to define the legal framework and common ethics of the profession?

It is the entire set of laws, decrees, regulations, rules, and forms of ethical conduct that consciously or unconsciously governs the professional role of doctor, dentist, and any health care professional.

52. Name and explain the aspects of the code of ethics.

• Legal aspects: legal means, with the obligation to comply with pain of punishment through a judicial procedure.
• Ethical: considerations because breaking them would have no other sanction than ours.

53. Name the requirements to practice dentistry.

• The professional title.
• The professional activities, initiation, and development.
• The forms or ways to practice the profession.
• Estimated.
• Advertising and propaganda.
• Fees and tariffs.
• The professional tax.
• Documents issued by physicians.
• Termination or “complaint requirement”.

54. Name the differences between private practice and as a staff.

55. When applying the conditional suspension?

• If the offense is minor or medium gravity.
• If the accused has no previous history.
• Agreement with the accused attorney, authorization of the supervising judge.

56. When was the agreement implemented reparative?

When the victim and the accused, with the permission of the judge, agree on how to repair the damage caused to end the conflict.

57. What is the summary procedure?

This procedure allows the defendant to waive the right to trial when his agreement to the facts alleged against him and the background that found the indictment, as to provide an alternative transportation where there is no dispute about the facts as it presents them the prosecutor.

58. List 4 actions for which a health professional can commit a crime.

• Exercise of the profession illegally.
• False Certification.
• Prescription drug abused.
• Violation of professional secrecy.

59. Define fault.

• “The lack of diligence or care that ordinarily prudent men employ in their actions and their own businesses.”
• The person does not know the consequences of his act, must know, and therefore predict the results, whether expected or believed to overcome them.

60. What is the difference between a crime and an unintentional tort?

• If the act is unlawful and committed with the intent to harm is a crime.
• If the act is guilty but committed without the intent to injure, is an unintentional tort.

61. Define standard procedure.

One procedure that allows criminal prosecution for any crime as a matter of fact, other than unlawful to stipulate a special procedure for information and trial.

62. What are the obligations to the employer to sign a contract?

• To pay the remuneration for services rendered by the worker.
• Equal treatment (non-discrimination).
• Comply with obligations attached to the contract.
• Provide the working place. (If outside the workplace the employer must provide accommodation, travel expenses, food).
• Comply with occupational health regulations.

63. Define gratification.

They are part of the profits that the employer has obtained the business year and to be distributed to company employees. Extra remuneration is paid once a year. It is paid in proportion to the length of service contracts shall not be entitled to 30 days or less.

64. List and explain the system of bonuses.

There are two:

1. On the basis of profits. The employer distributes 30% of net profits.

2. Based on the wage where the employer pays the worker pay or 25% of wages earned during the year regardless of the net profit of the company.

65. What actions may be subject to regular procedure?

Anyone misdemeanor or crime that has not established a way of handling different. Like the case of illicit, which are subject to the rules of procedure for payment or simplified or summary proceedings or proceedings for the crime of private prosecution.

66. Define un-formalized research in the regular procedure.

Corresponds to one of the two sub-stages of the investigation in ordinary proceedings. Here, the prosecutor investigated in order to collect the necessary background to establish whether there is a crime and if there are grounds for suspicion of involvement in the crime someone without even formalized research.

67. Define formalized research in the regular procedure.

Corresponds to one of the two sub-stages of the investigation in the ordinary procedure, which takes place once the prosecutor in charge of the investigation made objections to the research subject, believing that there is a crime and that it has been involved in the same.

68. List the modes of initiation of regular procedure.

1. Trade: each time the prosecutor has knowledge of a fact as a matter of crime.

2. Complaint: is the communication of facts that may constitute a crime.

3. Complaints (act of information to the prosecutor of a criminal offense, deducted by the victim, his legal representative, or testamentary heir).

69. What are the requirements of the complaint?

It should contain the following points, to comply with the requirement that the defendant was duly informed of the charges attributed:

• Identification of him or the accused and his counsel.
• The relationship circumstances or facts attributed to him and his legal qualification.
• The relationship of the altering circumstances of criminal responsibility concur.
• Participation to attribute it to the accused.
• The term of the applicable legal requirements.
• The marking of the evidence that the public prosecutor in pensare rely at trial.
• The penalty is sought.
• Where appropriate, the application to proceed according to the summary procedure.

70. What is the importance to practice in the clinical records?

The clinic provides health care tab, this time over a full and comprehensive view of the patient. There are also other areas and aspects of the profession that will benefit from the making of this:

A. Teaching and research.

b. Evaluation of the quality of care provided.

c. Administrative Importance: Medical history is key to the control and management of medical services of health institutions.

d. Importance from the standpoint of medical-legal:

• Is an element of proof in professional medical liability cases: a court order to become the primary physical evidence of all the processes of medical professional liability, constituting a fundamental legal medical documents and first order.
• Documentary evidence of ratification / veracity of statements on clinical actions and professional conduct.
• Expert instrument: a key element in the development of forensic reports professional medical liability.

71. Define medical leave.

It is a right of the worker to leave or reduce their working hours during a particular period pursuant to a professional display.

72. What medical professionals can give license?

The doctor-surgeon, the surgeon-dentist, and midwife (or matron).

73. What does COMPIN stand for?

Medical Commission and Disability Preventive.

74. In relation to the complaint, when can one submit it?

It can occur at any time before the closure of the investigation.

75. Is it possible to limit the constitutional rights of an accused? Explain.

If, after the public prosecutor has sought basic background for the determination of an offense and the officers, performed an act called The formalization of the investigation, after this act shall be possible to limit or restrict the constitutional guarantees of charged by the respective requests made by the participants, for eg, requesting a remand.

76. What is the deadline to close the investigation?

After the prosecutor formalized research has a time limit of two years to conduct research.

77. What information should appear on the indictment?

• The identification of or the accused and his counsel.
• The circumstantial account of the facts or awarded and of the legal classification.
• The relationship of the altering circumstances of criminal responsibility concur, even the alternative of the main request.
• Involvement to be attributed to the accused.
• The expression of the legal rules applicable.
• The marking of the means of proof that the public prosecutor will think seeing them in the trial.
• Penalty, the application is sought.
• Where appropriate, the appropriate request to agree to a summary procedure.

78. Name the early trial.

Principle of orality, immediacy, advertising, continued strength, and contradiction.

79. Define:

a) Employer: natural or legal person who uses the services or carried one or more persons under an employment contract.

b) Employee: means any natural person who provides personal services or carried under dependence or subordination, and under a contract of employment.

c) Self-employed: One who in the exercise of the activity in question does not depend on an employee or have any employees under his authority.

80. List 6 characteristics of the individual contract.

The contract is managed, bilateral, onerous, commutative, synallagmatic, and standards.

81. What does an individual contract is synallagmatic?

Means that benefits both parties are reciprocal in nature, thus the employer must pay compensation if the employee does not meet its obligation to provide personal services, and in turn the employee may rely on indirect dismissal if the employer fails to pay its remuneration.

82. Where does the forensic expertise of medical liability, in which city and why?

It is performed within the Legal Medical Service of Chile’s Medical Liability unit, in the city of Santiago, and this is because there is an increased number of forensic medical experts and has become a high-level computer forensics.

83. Define lex artis.

• How to come from a qualified professional, professional, her title is legally recognized by organizations accredited university and has the training and knowledge needed to be practicing.
• He or she is confronted with a patient who needs timely and effective medical care, based on the application of therapeutic measures in statistical terms for the commonly accepted medical act, this act is limited to what is commonly accepted in the medical community, national and international, which usually is recommended in similar cases.
• Taking into account the geographic location in which they were provided the technological support that you have and the opportunity to pay attention.

84. Name three ways in which the dentist can carry out their professional capacity.

• In the different clinical areas of dentistry, according to its improvement or specialization.
• Making university teaching or extension.
• Conducting scientific research in universities or laboratories.

85. What does a contract to be for membership?

Generally means that the content of the contract is prejudiced by the employer, who offers to work in such terms that it cannot alter the contents and she’ll just stick with it or reject it.

86. What does it mean that a contract is not for membership?

It means that the contract allows both parties, employer and employee, include clauses in the contract.

87. Name the grounds for termination of a contract.

1. Mutual agreement of the parties.

2. Withdrawal of the employee, giving notice to your employer for at least 30 days in advance.

3. Death of worker.

4. Deadline agreed in the contract.

5. Conclusion of the work or service which gave rise to the contract.

6. Unforeseeable circumstances or force majeure. Eg bankruptcy or a fire.

88. What are the formalities that have a mutual agreement and resigned as grounds for termination of the contract?

1. Must be in writing.

2. They must be signed by the worker. In the case of mutual agreement, the employer must also sign.

89. When a contract ends without compensation?

1. Any misconduct of a serious nature, duly noted.

2. Running negotiations the worker in the line of business and which have been banned from writing on the contract by the employer.

3. Worker not concurrence of employment without cause during two consecutive days or unexcused absence, or without notice on the part of the employee having charge of an activity whose abandonment means a serious disturbance in the progress of the work.

4. Abandonment of work by the worker:

a) untimely and unwarranted departure of workers from the site and during working hours without permission of the employer.

b) refusal to work without just cause.

5. Acts, omissions, or recklessness that affect the safety or operation of the establishment, the employees or their health.

6. Damage caused intentionally material facilities, machinery, tools, work tools, etc. (Sabotage).

7. Serious breach of the obligations of the contract.

90. Name the misconduct of a serious nature that may terminate a contract.

a) Lack of honesty of the worker in the performance of its functions: lack of honesty, righteousness in the act, without incurring criminal liability.

b) Sexual harassment behaviors.

c) Ways in fact exercised by the employee against the employer (assault).

d) Injuries proffered by a worker to the employer.

e) Immoral conduct of the employee relating to the company where he works.

91. When a fixed-term contract becomes one of indefinite?

1. The worker continues to provide services to the employer after the expiry of the period.

2. Renewing for a second time fixed-term contract or

3. The worker has served more discontinuous under two fixed-term contracts for 12 months or more in a period of 15 months from the first recruitment.

92. Define term leases.

Are those that are characterized by their short duration and whose end is not determined by a deadline, but on the nature of the contracted services. These include contracts for work, labor, or service.

93. What are the duties that the worker to sign a contract?

1. Provide personal services: You must do it himself, without the possibility of sending a substitute in his place.

2. Provide services under dependence and subordination, economic dependence, technical and legal.

3. To comply with the stipulated times and places to work.

4. Stick to the internal regulations of the company.

94. Can you alter or change the content of the employment contract?

Yes, but only by agreement between worker and employer. The law requires that a change in the contract is recorded in writing and signed by both parties on the back of the copies of the same contract or in an attachment, leaving a copy in the possession of each of the parties.

95. The employer could unilaterally alter the contract of employment?

Exceptionally, the law empowers the employer to, at its sole discretion:

1. Altering the nature of the contracted services or the place where they should be provided:

a) In the case of similar work.

b) If the new site or premises is within the same location or city.

This condition can never represent: detriment to the employee, reduced in pay, or prejudice in their professional or technical status.

2. Altering the distribution of working hours agreed to in sixty minutes, anticipating or delaying the time of admission to employment, the employee must give notice 30 days in advance.

96. How is overtime pay?

With a 50% surcharge on the agreed salary for ordinary working time and next to the ordinary remuneration of the respective period in which they worked.

97. You start to work in a dental clinic in the eastern sector, and before you are required to hire malpractice insurance. What are the main issues to consider before signing a professional indemnity insurance?

The important aspects to consider are:

a) Choose between an individual and a collective insurance.

b) cover economic Quantity.

c) Period of coverage.

d) Concurrence insurance.

e) Aim Insurance.

98. Briefly define the name dispute and its underlying causes.

Litigation: It is a conflict of interest where there is a claim on the one hand and resistance on the other.

This can be prevented by:

a) With a protocol of standardized procedures.

b) Attend meetings within the scientific societies.

c) With experts in liability law.

d) Always taking an informed consent and patient’s clinical record.

e) To report on possible risk.

f) Have a curriculum of undergraduate and postgraduate training.

g) To hire safe.

99. As written informed consent law, why is so important to use and that information given to the patient?

Informed consent is important that we support to any civil suit for malpractice, it must be adapted to practice and should be noted:

a) risks and complications of dental procedure.

b) The degree of complexity of care.

c) You must mention the post-treatment care and instructions given to the patient.

100. What to do in case of demand.

The Insured shall notify the insurer about the filing of any claim out of court who has received or know that you might get, as well as any circumstances that might lead to a loss borne by the insured, within five (5) calendar days, counted from the date that you know or have known.

Then ensure that the patient was treated by one.

The insured shall take all necessary measures to assist as necessary with the Insurer in the provision of an adequate defense of their interests, and the insurer shall keep continuously informed on the progress of the complaint against him and cooperate with it in all times.

For the duration of criminal proceedings must not engage in any kind of rapprochement or conversation with the patient.

101. Point out the difference between intent and guilt.

The intent and guilt are reprehensible conduct calls. In the case of fraud, the person knows what he does, and you want or accept the result. In guilt, the person does not know the consequences of his act, must know them, and therefore does not provide the results or if foresees, believes he can overcome them.

-. 102 What is the difference between criminal and civil liability.
Seeks to punish criminal liability with a custodial sentence the physician who has departed from state of the art in the implementation of the medical act. And the liability the victim seeks monetary compensation to the damage caused. In the latter there is a difference between the public (no contractual relationship between patient and physician) and private (contractual relationship exists)
-. 103 Name the types of insurance coverage for malpractice, and point out which of them would be the most appropriate.
a) There is a Claim made: ensure claims (legal claims)
b) Claim Occurrence: ensure treatments caused casualties occurred during the insurance year, although the legal issue had been raised then and do not cover claims.
c) Mixed: the most favorable because it has no limitations.
-. 104 You have been accused of malpractice by a poorly made and treatment begins legal proceedings against that determines a penalty. “Situation in which alternative solutions can access and what would these?
S requirements established by law are:
a) Crime or unintentional tort to a penalty less than three years.
b) Charged has not been convicted previously.
c) less serious injuries.
d) affect availability of legal goods of economic character.
These alternatives are:
a) Conditional suspension of proceedings: procedural mechanism that allows the public ministry with the consent of the accused and the judge’s approval of guarantee to advance the procedure ended when they meet the requirements of the law, and meet certain conditions set for the judge to suggest that the accused will never be accused of a crime.
b) compensation agreements: an agreement between defendant and victim where the first repairs in a way that is satisfactory for the victim, the harmful consequences of the act.
c) watering procedure: accused trial waiver when endorsing the facts alleged against him and his indictment based background, looking to alternative transportation.
-. 105 Define:
a) Negligence:breach of duty, lack of care with due care, no concern or indifference to the act being performed. It shares more omissions, it is a passive-type fault.
b) of skill: lack of training for the implementation of a given task. Not possess the knowledge, experience or skills necessary to perform certain treatments, may result in omissions as actions.
c) Recklessness: impulsive act that is implicit in the concept of thoughtlessness, levity. No precautions. fault type is active.
d) Failure to comply with duties and regulations: breach of duty dictated by function or position, which at that time and place plays a professional.
-. 106 Define mediation and how it is carried out in the event that a patient belongs to FONASA.
Mediation is a non-adversarial, which aims to urge that through direct communication between the parties and the involvement of a qualified professional, called a mediator, a court settlement is reached in the dispute voluntarily. Fonasa Patients may attend the Council of State Defense and request a list of professionals who are dedicated to mediation.
-. 107 Name 4 possible explanations for the increase of complaints in the field of health.
a) Technological development of medicine and subspecialties, beyond the knowledge of patients who increase their expectations.
b) The teamwork resulted in the lack of communication with the patient and makes the responsibility that the patient is dispersed among more professional.
c) Changing attitudes in the population and greater access to information, allowing them to be more of both their rights and therefore more demanding.
d) The media are among the physician-patient conflict, a source of relevant news
108 .- What is a contract of employment?
It is a convention (an agreement of wills) by which the employer and employee are bound mutually dependent, the latter to serve under dependence or subordination of the first, and he to pay for these services a certain remuneration.
· Employer: natural or legal person who uses the services or carried one or more persons under an employment contract
• working means any individual who provide personal services, intellectual or material under dependency or subordination, and under a work contract.
• working independently: he who in the exercise of the activity in question does not depend on any employer or have workers under his authority.
Contract may be individual or collective. The Contract is individual: when done between an employer and an employee.
109 .- If you want to modify an employment contract, which implies that process?
It can only be changed with the agreement between the employee and the employer, ie when both agree. The law requires that a change in the contract is recorded in writing and signed by both parties on the back of the copies of the same contract or in an attachment, leaving a copy in the possession of each of the parties.
110 .- What are the areas of forensic medicine and dentistry which includes parts legal professional?
Legal-Forensic Medicine
Social-Legal Medicine
Professional Legal-Medicine.
Professional Legal Dentistry comprises the following parts:
a) Professional Practice
b) Dental Corporations
c) Medical, Dental Secret
d) Responsibility of the dentist against the law
111 .- Name the types of employment contract.
The work contract can be fixed term, indefinite and temporary.
The contract of indefinite duration is one that does not contain a termination date for employment.
The work contract is fixed-term one that contains the date of termination of employment. The duration of fixed-term contract may not exceed one year. In the case of persons having a professional or technician from an institution of higher education the duration of a fixed-term contract may not exceed two years.
The temporary contracts are those that are characterized by their short duration and whose end is not determined by the deadline, but on the nature of the contracted services.
112 .- You have been hired by a particular fixed-term dental clinic, under what conditions the contract could become an indefinite term contract.
“The worker continues to provide services to the employer after the expiration of the term.
He renewed a second time fixed-term contract.
“When the employee has served under more discontinuous two fixed-term contracts for twelve months or more in a period of fifteen months from the first recruitment.
113 .- What is ethics and what are their issues?
It is the framework that all health professional should know and respect. This regulatory framework includes the entire set of rules, laws, regulations and forms of ethical conduct which govern the practice.
114 .- name briefly in what areas of health dentists can exercise
Public System
Dentists with Cycle-Destination (General Area)
“Tertiary Level: Type 1 Hospitals
-Secondary Level: 1-2 Type Hospital
Primary-Level: Hospital type 3-4
Private System
-Individual Providers: private consultations
“Providers Sets: Professional Societies
“Diagnosis and Treatment Center
-Universities
“Armed Forces.
Public Health:
“Regulation and Rectory
Health-Promotion-Epidemiology
-Policy and program management-Seremi Health
115 .- According to the current state of practice of the profession, in which community work most dentists and what attributes this distribution.
The communes with the highest concentration of colleagues are Providencia and Santiago Centro. It attributes this to the largest concentration of population due mainly to workplaces where it would be more comfortable attending the dental office after business hours.
116 .- Point, according to data provided in the labor field seminar, what is the trend in the dental workplace.
33% 2 Jobs
A 27% job
3 Works 26%
4 Works 12%
117 .- In relation to the sentences for negligence trial mention the percentages for the patient and physician.
90% A doctor’s favor
10% In favor of the patient
118 .- What are the areas of forensic medicine and dentistry which includes parts legal professional?
See Question 110, is the same.
119 .- What are the types of taxation and briefly explain each of them?
Single tax ·: applies to all wages above a set level. It is deducted directly by the employer.
Second-class tax ·: affects fees, justified with the respective ballot. The original is for the patient, leaving the copy held by the doctor. The legislation requires a monthly payment Monthly Pension payment, a fixed percentage of gross revenues as ballots.
Global complementary tax ·. Affect taxpayers on a minimum level of income. Almost all doctors who receive salaries and fees must declare and pay annually in April.
120 .- Name the characteristics of the research stage.
· Stage prior to the trial itself: a necessary and indispensable step for the development of process and receipt of the final verdict, because during the course of it may make prosecution.
• It is of course required by the Public Prosecutor. Debepromover prosecution to completion, which ended with the closure of the investigation.
• The research is the responsibility of public ministry. The MP sees progress in the process, what to do with the help of police.
• The exercise of public prosecutions belongs to the Public Ministry. But they are granted to the victims the opportunity to exercise it through the lawsuit.
• The research has relative secrecy. To the participants of the process are public, however, to third parties outside it, the proceedings are secret.
Has a review. The prosecutor leading the investigation, which can change the approach of not initiating the investigation or to file the record.
121. “Name the objectives of the research stage.
• The effectiveness of research. Its basic objective clarification of the facts by conducting investigative steps that can hold a charge to bring the process to the trial stage
· Rationalization of the workload. It allows the criminal justice system can operate within reasonable parameters of efficiency and quality.
• Protection of the victims. It is the duty of the MP. Compliance results in obligations for prosecutors, and keep victims informed of the progress of the investigation.
122.-Name the phases of the investigation stage.
Stage prior to the finalization of the investigation.
Located on the context in which criminal prosecution agencies have already taken possession of the facts which are characters of crime, but have not attended before a JG to formalize the investigation against the accused. Practice is characterized by unilateral and reserved. The person acquires the capacity, since the existence of any proceedings or against management.
Phase following the finalization of the investigation.
The MP decided to formally notify the accused before the JG, which is being investigated by certain specific facts establishing one or more crimes. Here the JG produces permanent intervention, as controller of MP. It also becomes part the accused and his defense during the proceedings.
123 .- What are the requirements of the prescription?
· Professional Individualization of the spread, indicating name, profession and address.
· Prescribing in a clear and complete, compounding and components must be indicated in its chemical or generic formulation and dose, perfectly legible.
Professional · Signature and date on which lies the recipe:worth noting that the recipes have also retained more stringent standards: they must be printed, enter the complete data blank, and the imprint with the data of the entity that drafted the cookbook is a must.
124 .- Faced with situations that are legally required to break medical confidentiality? Name 3
“, In front of suspicious death, violent or provoked.
· Lesions body.
· When registering a birth
· When a death certificate.
· When reporting infectious diseases.
· When qualifying disability in occupational accidents, etc..
125 .- What is intrusive?
It is the illegal practice itself. Unemployment is the physician’s own shares without holding the title.
126 .- What is the work ethic of the practice of dentistry?
The work ethic should be considered within the legal and ethical, that is, framed the ethical and even moral criteria emanating from the International Codes and Declarations.
127 .- With respect to mediation, mention the features of a process conducted in a public and a private system.
It is good to clarify that voluntary mediation and that depending on the patient’s health system will depend on the institution that receives, so that patients have Fonasa may attend the State Defense Council and request a list of professionals who are dedicated to mediation, failing if the patient has a Isapre coverage, you should go to the Under Secretary of Health or the Regional Health Seremi and request mediation.
128 .- What is medical liability?
Is defined as “the obligation for doctors to suffer the consequences of certain offenses committed by them in the exercise of his art, mistakes that can lead a double action, civil or criminal” this definition includes doctors, dentists, pharmaceutical chemists, nurses , kinesiology, etc.
129 .- What are the stages of the criminal standard procedure and what are they?
· Stage of research: is the stage during which the prosecution makes the investigation to determine the existence of an unlawful act and the establishment of the responsibility for it. It has two sub stages: research desformalizada, where the prosecutor investigated in order to gather necessary background to establish whether there is crime, even without formalized research. The second stage called formalized research, which takes place after the prosecutor in charge of investigating the charges made to the subject investigated by estimating that there is a crime and that it has taken part in it. After the prosecutor stated the closure of the investigation, must choose between three options: seek temporary or permanent sorbeseimiento the cause, communicate the right not to persevere in the investigation and the third accused.
· Stage Intermediate or trial preparation stage, which has as its main objective the determination of the test to be held in the trial and ended with the enactment of a resolution containing the charges and evidence to bear by both the MP and the defense in the trial. This resolution is called “Auto for trial.
· Trial as such: it is the trial itself, as it is in this procedural opportunity when the parties present and confront their theories of the case to establish by evidence indicated in the order of opening of the trial, as been established or not the effectiveness of the facts contained in the indictment. This phase ends with the final decision rendered in the trial.
130 .- What is the Public Prosecutor and what their main function?
Public Ministry is an autonomous and independent of all other powers of the state created the September 16, 1997, responsible for directing the investigation of the facts constituting the offense.
Features:
– Represent the community
– Attend and protect victims and witnesses
– Conduct research on crime
– Manage the performance of the police during the investigation.
– Present the indictment before the court security.
131 .- Define:
a. – Charged: Person which is attributed to participation in an offense.
b. – Principle of Immediacy: the immediacy of the court with evidence is a fundamental pillar of the legitimacy of the trial. The test called friend, the trial, without being personally and directly perceived by the court, not only lacks reliability, if not, that does not meet the minimum standards of a protective model of criminal prosecution.
c. – Prosecutor: Lawyer Public Ministry official in charge of conducting the investigation of an offense and, if so the case warrants it, institute criminal proceedings in question.
d. – Public Defender: decentralized, public body under the Ministry of Justice responsible for granting legal assistance to the taxpayer of the criminal process when it does not rise or could not procure.
e. – Action for annulment: The one that attaches to invalidate the trial and / or a final decision on the grounds expressly mentioned in the Act
132 .- Name the forms of dispute prevention
– Protocols of standardized procedures.
“Informed Consent and Clinical tab
-Insurance
-Curriculum in undergraduate and graduate
Experts, lawyers liability
“Working meetings within societies cintíficas
Risk-enabled
Compare 133 .- aspect to take into account between an individual and group insurance
Individual: – More expensive-can be adapted to needs-Anonymity
Collective: More economic Minor problems can cover-advised and monitored by policymakers-taker than their own dentist (professional)-limited degree of adaptation
134 .- What are the tasks performed by a dental surgeon in the different areas, when he became an expert?
– Clinical Area: You can develop a “forensic report of injury”
– Area ID: inform the Court about the studies conducted on: people, corpses, bones or partial remains unknow (NN), which contribute to determine his identity.
– Area of Thanatology: Report to the Court, complementing autopsies.
– Report to the Court: on the study carried out on the unintended damage, intentional or negligent nursing professionals to lead his patient in the course of treatment in the maxillofacial area.
135 .- Name four functions performed by a dentist who serves in the health SEREMI.
– Assessment of health targets
Promotion of oral health-
-Evaluation of oral health programs
– Ensure compliance with explicit guarantees health
-Monitoring fluoride
136 .- Explain at least five minimum provisions to be included in the contract as set out in the Labour Code
-Place and date of contract.
“Individualization of employer and employee, including nationality and date of birth and income of the worker.
Determination of the nature (or type) of services and the place or city to be rendered.
-Value, form and period of payment of the agreed remuneration.
-Duration and distribution of the working day. If the company exists in the shift system, the duration and distribution are determined by the internal regulations of this.
137 .- What happens if the employer does not write the contract of employment within the legal deadline, and instead, what happens if the employee refuses to sign the contract?
The law presumes the existence of an employment contract, although this has not been notarized when checking personal services under subordination. In any case, the employer shall be liable to fine Deed tax benefit when the contract within the legal deadline. There is a legal presumption in favor of the employee, which means that you understand as part of a contract of employment, all clauses that invoke the worker.
If the employee refuses to sign the employer will send the contract to the respective Labour Inspection for this requires a signature. If the worker insist on their attitude to this inspection, may be fired, without compensation, unless he proves to have been hired under conditions other than those contained in the written document.
138 .- If you. was the employer in a clinical consultation, and one of his employees is caught stealing dental supplies, how you would terminate the contract of employment of the worker?
The employment contract ends without the right to compensation if the worker engages in any misconduct of a serious nature duly established as in the case of theft.
139 .- What has led to increased claims for medical negligence?
This meaning for different stakeholders, a significant investment in time and financial resources, as well as the emergence of a growing distrust of public opinion to the providers of medical services, public hospitals or private clinics, and also to professionals health and medical act itself.
140 .- What is the percentage of reports released by diffusion and without advertising?
With broadcast journalism: 21% of complaints
Without broadcast journalism: 29% of complaints
141. In relation to 12% of earlier demands by comments from other professionals is what is recommended before giving an opinion on a situation.
(This question I looked into the matter and seminars and I could not find, so I called a lawyer friend and guided me with this …. If anyone is to advise to correct fa)
Before anything, not to give an opinion. Following advice by a lawyer to investigate whether the comment actually came from a professional title and if on the other hand issued judgments that are true. In case of fault of the prosecution try to solve the problem through a mediator or if another professional is wrong to establish a serious libel counterclaim.
142. Define CDT
Diagnostic and Treatment Center: A group organized solely responsible for front of the patient (“integral”). Integramédica, Megasalud, Father Mariano Dental Center
143. Which community has primarily dentists
In downtown Santiago with 21% followed with 19% in Providence
144. In which sector has the greatest and lowest percentage of dentists
Public health system: 63%
Private Sector: 23%
Other: 14%
145. That role developed mainly in the public dental
It is mainly at the primary level. In hospitals type 3-4, bone
less complex, in some clinics: General Dentistry and some specialties
146. Explain that general area is accessed as
General practitioner or odontogenic zone and general area, are professionals who are sent to communities usually small and far apart to provide a service in a hospital or clinic type 4, for a period of 3-6 years (which is paid) and after that, the state gives them a grant of expertise in a particular university.
Access is via a contest made by Minsal, which are considered, notes, publications, assistantships, attendance at conferences, etc. Open care practice.
147. Such as the employment contract according to its period of duration and each consisting of:
Agreement for fixed periods of time: valid contracts corresponding to respective time slots. Example: a contract for three months.
Contract for an indefinite period: That does not apply a precise date of completion.
Contract for work or task: It is applied mainly to construction companies. Example: the contract by the time it takes to build an apartment building.
148. A contract that fixed-term work can be transformed into permanent
You can give it three ways:
1. The worker continues to provide services to the employer after the expiration of the term.
2. Is renewed for a second time fixed-term contract.
3. When the worker has served more discontinuous under two fixed-term contracts for twelve months or more in a period of fifteen months from the first recruitment.
149. What are the perks that systems exist and when paid
· They are part of the profits that the employer has obtained the business year and to be distributed to company employees.
· There are two systems: one based on the employer distributes profits corresponding to 30% of net profits and the other based on the wage where the employer pays or paid 25% of wages earned during the year whatever utility you get the company liquidates.
• It is extra pay that is paid once a year, as mode of payment is established by the contract of employment, whether this (contract) individual or collective.
150. Principles that form the constitutional guarantee on the work contained in Article 19 of the constitution
1. Principle of freedom and protection: Freedom of Contract (everyone has the right to self-recruitment). Free choice of employment. No kind of work may be banned. This article also states that nobody can be compelled to join an association to do a job. It also states that the law will establish the professions that require title and the conditions necessary to exercise a person can not be compelled to work.
2. Principle of fair remuneration: Remuneration according to the work and lets you deal with social life (in short you can to live.)
3. Prohibition of discrimination
4. Principle of collective bargaining: workers are allowed to negotiate common conditions associated with working with the employer, conditions such as wages, hours, bonuses, etc..
5. Principle of freedom of association: Every worker has the right to join a union.
6. Principle of freedom of association or collective trade union organizations are autonomous, ie q is not guided in their internal organization to external entities or strangers.
7. Principle of inalienability of the rights of workers
The indispensability in labor is legally impossible to voluntarily forego one or more advantages granted by the labor law in favor of the worker. This foundation is in the economic inferiority of the worker and the general interest of the community. A worker would not accept conditions that would have been accepted but this level of inferiority and the general interest of the community prevail over individual interests of the contractor.
151. Involving informed consent in dental patient relationship
It implies that the person should receive, in understandable terms, complete information regarding the diagnosis, treatment and prognosis of the disease by the health professional. This should also know the implications in case of refusing treatment and accept the consequences of both success and failure, and along with his handler. It should also be informed about the costs of their care and alternative treatments.