Responsibility and liability in health care: Some differences between dentistry and medicine

Medicine and Law

Volumn 21, Issue 3, 2002, Pages 605-615

  Frenkel, David A ^a   Lurie, Yotam ^a  

^a BEN GURION UNIVERSITY OF THE NEGEV   (Israel)

Author keywords

Decision making; Dental clinics; Dentistry; Law and ethics; Medical care; Medicine; Oral health; Patients; Responsibility; Various liability

Indexed keywords

COMPARATIVE STUDY; CONTROLLED STUDY; DENTAL CARE; DENTAL CLINIC; DENTIST; DENTISTRY; HOSPITAL; HUMAN; LAW; LEGAL LIABILITY; MEDICAL DECISION MAKING; MEDICAL ETHICS; MEDICAL LIABILITY; MEDICAL SCHOOL; MEDICINE; MOUTH HYGIENE; PATIENT CARE; PATIENT SATISFACTION; PHYSICIAN; PRIVATE PRACTICE; PROFESSIONAL PRACTICE; QUALITY OF LIFE; RESPONSIBILITY; SHORT SURVEY; TEAMWORK; WELLBEING;

EID: 0036400004     PISSN: 07231393     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Short Survey

References (22)

1. The Barber-Surgeons even had their own professional oaths, e.g. The Amberg Barber-Surgeon's Oat (15th century) and Juramentum (? End of 18th century) both appear in Etziony, M.B., The Physician's Creed, 1973, (Springfield, Ill: Charles C. Thomas Publisher) 114-115.
2. On the view of health as well being see Kopelman, L. & Moskop, J. The Holistic Health Movement: A Survey and Critique, 1981, Journal of Medicine and Philosophy 6:209-235.
3. The distinction between liability and responsibility is not always clear. Usually both terms are used for both. See, e.g., Bayles, M.D., Principles of Law - A Normative Analysis, 1987 (Dordrect: D. Reidel Publishing Co.) 335-359
4. Frey, R.G. & Morris, C.W., "Preface" in Frey, R.G. & Morris, A.W. ed, Liability and Responsibility - Essays in Law and Morals, 1991, (Cambridge University Press) vii
5. Frey, R.G. & Morris, C.W., "Introduction" Liability and Responsibility - Essays in Law and Morals, 1991, 1-9.
6. French, P.A., Responsibility Matters, 1992, (University Press of Kansas). On moral responsibility as different from legal liability see, e.g.
7. Fingarette, H., On Responsibility, 1967, (New York: Basic Books, Inc.) 3-16
8. Sistare, C.T., Responsibility and Criminal Liability, 1989, (Dordrect: Kluwer Academic Publishers) 13-19
9. Fischer, J.M. & Ravizza, M., Responsibility and Control - A Theory of Moral Responsibility, 1998, (Cambridge University Press).
10. Carnahan, C.W., The Dentist and The Law, 1955, (St Louis, Mo: C.V. Mosby Co.) 41-42.
11. Rozovsky, L.E., Canadian Dental Law, 1987, (Toronto: Butterworths), vii.
12. On the need for informed consent see, e.g., Somerville, M.A., Consent to Medical Care, 1979, (Ottawa: Law Reform Commission of Canada)
13. Faden, R.R. & Beauchamp, T.L., A History and Theory of Informed Consent, 1986, (Oxford University Press)
14. Skegg, P.D.G., Law, Ethics and Medicine, (revised edition) 1990, (Oxford: Clarendon Press).
15. See, for example, the definition of "clinician" in section 2 of the Israeli Patients' Rights Act of 1996. "Clinician" is defined "a physician, dentist, intern, nurse, midwife, psychologist, or any other professional recognized by the Director-General, and so published in the Official Gazette, as a health care clinician".
16. Wasmuth, C.E. the Elder, Anaesthesia and the Law (American Lecture Series No. 448), 1961, (Springfield, Ill: Charles C. Thomas Publisher) 45.
17. Frenkel, D.A., "Anaesthesiologist and the Law", 1981, Legal Medical Quarterly 5: 74-78.
18. See, for example, Ethical and Legal Obligations of Dental Practitil issued by the British Dental Association
19. Dental Ethical Rules issued by the Israeli Dental Association
20. The Dentists Code which appeared in the Transactions of the American Dental Association of 1866 (Gurley, J.E.)
21. The Evolution of professional ethics in Dentistry, 1961, (St. Louis, Mo: American College of Dentists) 178-9
22. the Dentist's Pledge (Hooper, B.L. Dentists Pledge, 1959, Xi Psi Phi Quarterly 57:1)