Legal liability facing COVID-19 in dentistry: Between malpractice and preventive recommendations. (February 2021)

• Record Type: Journal Article
• Authors: Elzein, Rola; Bader, Bilal; Rammal, Achraf; Husseini, Hassan; Jassar, Houssam; Al-Haidary, Mustapha; Saadeh, Maria; Ayoub, Fouad
• Is Part Of: Journal of forensic and legal medicine. Volume 78(2021)
• Publication Date: 2021-02
• Subjects: Malpractice -- COVID-19 -- Dentistry -- Preventive recommendations -- Laws; Medical jurisprudence -- Periodicals; Forensic sciences -- Periodicals; Forensic Medicine -- Periodicals; Médecine légale -- Périodiques; Electronic journals; 614.1
• DOI: 10.1016/j.jflm.2021.102123
• Languages: English
• ISSNs: 1752-928X

Abstract

Abstract: The dental profession is considered at high potential risk of exposure and transmission of SARS-Cov-2. Thus, dentists should implement special safety measures in order to prevent any possible contamination during dental sessions and should be aware of the legal implications of their act in order to avoid malpractice leading them to be a causative agent of transmission of this virus. This paper aimed to provide a global review on COVID-19 preventive recommendations at dental clinics and discussed the legal values of such procedures, the dentist criminal and civil liability arising from transmitting this virus to a patient, the obligation of care under COVID-19 and the possible solution to this dilemma. The review concluded that dentists should follow all modern scientific procedures which are in their interest and in the interest of patients to maintain their safety and advised dentists to document all steps taken during the period of COVID-19 outbreak, because any undocumented action is considered not to have taken place, and they shall be bound by the burden of proof. Highlights: A review on COVID-19 preventive recommendations at dental clinics is provided. The legal aspects of dental interventions during the pandemic are discussed. Solution to dilemma between malpractice and preventive recommendations is proposed.