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Definition
| An unforseen event, occuring with the will or design of the persons whose mere act causes it. When the dentist's negligence contributes to the happening of the occurence it cannot be said to be an accident. |
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Term
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| The legal and formal demand of one's right from another person or party, made and insisted on in a court of justice. A party suffering injury caused by the conduct of another is said to have a "cause of action" against the other. |
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Term
| Admission Against Interest |
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Definition
| An individual's voluntary acknowledgement of the existance of certain facts contrary to his interests. A dentist who says "it was my fault" after the patient suffers an injury, is making an admissions against interest. |
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| The part who, dissatisfied with the disposition of a case on the trial level, appeals to a higher court. The one who appeals. |
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Assault or Technical Assault |
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Definition
| The unconsented to touching of another. A dentist removing the wrong or extra tooth is guilty of technical assault. |
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Definition
| A failure to comply with the terms of a valid contract. Not necessarily a willful failure to comply. A failure by a party to a contract to perform those acts which he is obligated to perform under the provisions of the contract. |
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Term
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Definition
| A statutory law as opposed to "common" or judge made law. The Dental practice Act is a civil law of the state. |
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Definition
| Judge-made law; professional responsibility is generally a matter of common law. This law is not found inthe statute books but is just as binding as the civil law. |
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