Citation

Khoury BS, Khoury JN. Aust. Dent. J. 2017; 62(3): 295-300.

Affiliation

University of Adelaide, 542 Main South Road, Old Noarlunga, SA 5168.

Copyright

(Copyright © 2017, Australian Dental Association, Publisher John Wiley and Sons)

DOI

10.1111/adj.12517

PMID

28384385

Abstract

Criminal law in dentistry, as shaped and moulded by the prevailing views of society, defines what is or is not socially acceptable. It applies in both personal and professional contexts with the intended consequence of protecting the public from unacceptable conduct and potential imbalances of power. At its centre, a patient's consent plays a pivotal role in transforming unlawful conduct into lawful conduct. This literature review considers the current law and the trend of utilising criminal law in addition to non-criminal law alternatives of reprimand clinicians for failure to achieve consent in the course of dental practice. Dentists must appreciate this change and the prosecuting authority's increasing willingness to resort to criminal law. This article is protected by copyright. All rights reserved.

This article is protected by copyright. All rights reserved.

Language: en

Keywords

Assault; Common assault; Consent; limits of consent; medical exception