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Dentistry and criminal law.

B S Khoury1, J N Khoury2

  • 1Barrister and Solicitor of the Supreme Court of South Australia, Australia.

Australian Dental Journal
|April 7, 2017
PubMed
Summary

Criminal law increasingly governs dental practice, focusing on patient consent. Dentists face rising criminal prosecution for consent failures, necessitating awareness of legal standards.

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Area of Science:

  • Forensic Dentistry
  • Medical Law
  • Dental Ethics

Background:

  • Societal views shape criminal law in dentistry, defining acceptable conduct.
  • Criminal law protects the public from misconduct and power imbalances in dental settings.
  • Patient consent is crucial for distinguishing lawful from unlawful dental practice.

Purpose of the Study:

  • To review the current legal landscape of criminal law in dentistry.
  • To examine the trend of using criminal law for consent failures in dental practice.
  • To highlight the increasing use of criminal law alongside non-criminal sanctions.

Main Methods:

  • Literature review of current legal statutes and case law.
  • Analysis of the application of criminal law in dental consent cases.
Keywords:
Assaultcommon assaultconsentlimits of consentmedical exception

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  • Examination of trends in prosecutorial approaches.

    • Main Results:

    • Criminal law is increasingly applied to dental practice, particularly concerning patient consent.
    • There is a growing trend of utilizing criminal law in addition to civil and professional disciplinary actions.
    • Prosecuting authorities show an increased willingness to pursue criminal charges against dentists for consent issues.

    Conclusions:

    • Dentists must recognize the evolving legal environment and the heightened risk of criminal prosecution.
    • Failure to obtain adequate patient consent can lead to criminal liability.
    • Awareness of legal responsibilities regarding consent is paramount for dental practitioners.