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NSDP Risk Management Resources - Newsletters
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| NSDP Risk Management Newsletter - Volume 25, No. 3 |
| Decisions of appellate courts set precedent law, and for physicians and dentists they establish standards of care for the professions. These "old" decisions of appellate courts are of major importance to dentists. When recent decisions are made by lower or jury trials they do not establish precedent law that contributes to establish standards of care for the profession. To give dentists some insight into what happens at jury trials, if a case is decided by a lower court that does not follow the decision and opinion of an appellate court in the jurisdiction, and the case is appealed the decision of the lower court will be reversed. But if the lower court decision is not appealed the decision of the lower court will stand, even if its decision is opposed to the decision of the appellate court. So, the recent cases, most of which follow precedent law add nothing to the standards of care to which dentists are held. The rule for lower courts to follow decisions of appellate courts in their jurisdiction is called "Stare Decisis." |
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| NSDP Risk Management Newsletter - Volume 25, No. 2 |
| Should You, in Your Role of a Dentist, Render Assistance to an Injured
Person at the Scene of an Accident?
1) Are you required to? No, except (see below).
2) Morally? You should.
3) Legally? There are some risks if you do or don.
1) Are you required to? American tort law has rarely, if ever, recognized or imposed a
duty obligating citizens to render emergency assistance to others, even when doing
so would create little or no risk for the volunteer. Only Vermont and Minnesota.
require a person to render emergency assistance. |
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| NSDP Risk Management Newsletter - Volume 25, No. 1 |
| Introducing Margaret Surowka Rossi, J.D. At the last meeting of the Board of Directors of the National Society of Dental
Practitioners, Ms. Rossi was elected to membership. Her membership on the Board and
the National Society of Dental Practitioners, and Dentist Advantage is a major step in
increasing the risk management services and support we offer our members. |
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| NSDP Risk Management Newsletter - Volume 23, No. 2 |
| Are You Required to Appear in Court for a Patient?
By simply having treated or examined a patient you may be asked by
the patient to testify in court; an unpleasant experience, particularly
if you have never appeared in court. |
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