AIDS: A Massachusetts jury decided that Dr. [name removed] did not transmit HIV to dental patient [name removed], even though the dentist was negligent in the cleaning of his dental instruments. [Name removed] claimed he contracted the virus from unsanitary dental equipment used by Dr. [name removed] during a tooth extraction procedure.
Full Answer
How many people have been tested for HIV at this dentist's practice?
Mar 28, 2013 · In July 2012, more than 1,800 veterans who received dental care at a St. Louis VA Medical Center were warned that improper cleaning of dental tools may have exposed them to HIV and hepatitis.
Are dentists at risk for HIV?
Nov 12, 2013 · According to J. P. Graskemper, DDS, JD, there are two main reasons that patients sue dental professionals: (1) the patient has been harmed as a result of treatment or nontreatment; and (2) the patient wants money. CNA HealthPro estimates up to 80% of malpractice claims are not because of substandard dentistry but are related to money issues ...
Did an Oklahoma Dentist expose patients to HIV and hepatitis?
A surprise inspection of Harrington's practice March 18, prompted by a patient's positive test for HIV and hepatitis C, revealed the use of old needles and rusty instruments, as well the practice of pouring bleach on patients' wounds until they "turned white," according to a complaint filed by the Oklahoma Board of Dentistry.
Why do patients Sue dental professionals?
Mar 30, 2013 · First Published: 5:00 PM PDT, March 28, 2013. An Oklahoma dentist is being called a public health menace for allegedly putting 7,000 patients at risk for hepatitis and HIV. INSIDE EDITION reports ...
Can a dentist give you HIV?
Available information indicates that the risk of HIV transmission in the dental office is very low. Transmission of HIV from three healthcare workers to patients has been confirmed, including a dentist who infected six patients.
Can you get diseases from the dentist?
Dental health care professionals are at risk for acquiring or transmitting hepatitis B, influenza, measles, mumps, rubella and varicella. All these diseases are vaccine-preventable. In the U.S., the risk of HIV transmission in dental settings is extremely low.Jan 30, 2018
Can a dentist refuse to treat a patient only because he or she has HIV infection?
For these reasons, it is unlawful for dentists to deny patients dental care solely because they are HIV- positive, and professional associations for dentists have determined that it unethical for dentists to have a blanket policy of refusing to treat PLWHA.
Can you get HSV from dentist?
Because herpes is transmittable to patients from dental health-care professionals who have active lesions, there is a risk of spreading this disease.Mar 1, 2013
Can I get an infection from a dental cleaning?
Infection after dental cleaning The process of dental cleaning can sometimes make your gums bleed slightly. Although it is rare, this can sometimes cause an infection to develop in the days after the procedure.
What are the legal obligations of a dentist?
The dentist has a duty to treat people fairly. This principle expresses the concept that professionals have a duty to be fair in their dealings with patients, colleagues and society. Under this principle, the dentist's primary obligations include dealing with people justly and delivering dental care without prejudice.
Can dentists refuse to treat?
Your dentist should: explain the benefits and drawbacks of any treatment they recommend. explain alternatives that may be available. have your permission before they treat you - you can refuse treatment if you do not want it (although if your dentist considers you need it they may refuse to continue treating you)
Which of the following is considered the best defense against a malpractice lawsuit?
Which of the following is considered the best defense against a malpractice lawsuit? Prevention and good communication with the patient.
When is the CDC meeting?
CDC will convene a meeting in Atlanta on February 21-22 to review current information on risks of transmission of HIV and HBV to patients during invasive procedures and to assess the implications of these risks.
What is a patient C?
Patient C is a young man who has reported multiple heterosexual partners and a history of non-IV-drug use, including one hospitalization for toxicity caused by an illicit drug. Other risk factors for HIV infection were suggested by secondary sources but were not corroborated by the patient.
Is HIV transmission low?
The precise risk for HIV transmission to patients during invasive procedures is not known but is most likely very low (1). Although AIDS has been recognized in the United States since 1981, the cases described here are the first in which such transmission has been reported.
Why do patients sue dentists?
P. Graskemper, DDS, JD, there are two main reasons that patients sue dental professionals: (1) the patient has been harmed as a result of treatment or nontreatment; and (2) the patient wants money. CNA HealthPro estimates up to 80% of malpractice claims are not because of substandard dentistry but are related to money issues; money issues may be over money the patient paid to the practice or money still outstanding. The patient may become irate over being turned over to a collection agency. CNA HealthPro states:
How does dental practice affect the law?
Legislative bodies create statutes known as dental practice acts. These laws define the scope of practice and determine qualifications of hygienists. In addition, state licensing agencies issue regulations pursuant to those statutes. Finally, the rulings of federal and state courts affect dental hygiene practice. All dental hygienists should be well versed in their states' practice acts and should follow the rules and regulations explicitly.
What is dental hygienist?
For the most part, dental hygienists are dedicated to providing excellent care to patients. Hygienists are known for their attention to detail in all aspects of the patient visit, beginning with updating the medical history and continuing to the completion of whatever level of care was treatment planned.
How often should a patient's medical history be updated?
According to the ADA Council on Scientific Affairs, a completely new medical history on most patients should be obtained on average every three years. If the patient has a complicated medical history, more frequent complete updating is in order. However, the medical history should be updated every time the patient is seen in the clinical area. Clinicians should ask if there have been any changes since the last visit. If there are no changes, the notation should state, "Patient states no changes in medical history." This defensive charting method informs the reader that you asked and the patient answered. (Abbreviations are permissible, such as "Pt. states NCMH.")
What is the responsibility of a dental hygienist?
2. Failure to detect oral pathology. It is the dental hygienist's responsibility to perform a thorough intraoral/extraoral assessment on every patient. The reality is that too many hygienists omit what could be the most important part of the dental hygiene visit.
How often should I update my medical history?
According to the ADA Council on Scientific Affairs, a completely new medical history on most patients should be obtained on average every three years. If the patient has a complicated medical history, more frequent complete updating is in order.
Can a patient be turned over to a collection agency?
The patient may become irate over being turned over to a collection agency. CNA HealthPro states: The only tangible benefit a patient can gain from a malpractice claim is money. A malpractice claim cannot turn back the clock to prevent the alleged injury from occurring.
An Oklahoma dentist is being called a public health menace for allegedly putting 7,000 patients at risk for hepatitis and HIV. INSIDE EDITION reports
INSIDE EDITION spoke to a dentist about another member of his profession who's being called a major menace to public health.
Got a tip?
Do you have a personal story, or have information that might lead to a story on Inside Edition?
What is the duty of care in dental malpractice?
Four key elements comprise the core of a dental malpractice claim. The first is the duty of care, which arises from a dentist-patient relationship. Whether or not this relationship exists usually can be easily determined. The patient must demonstrate the appropriate standard of care in the circumstances. This consists of the actions or precautions that a competent dentist would have taken when treating a patient of a similar nature with a similar condition. Unless the malpractice was truly egregious, you will need an expert witness to prove this element. The expert should be familiar with the specific type of procedure that gave rise to the claim.
What is breach of duty of care?
A breach is an action (or failure to act) by the dentist that fell short of the standard of care. Causation means that the patient would not have been injured if the dentist had not breached the duty of care.
Can a dentist make mistakes?
There also may be cases in which a dentist commits errors while extracting teeth or treating infections resulting from a procedure like an extraction. If hygienists or other assistants of a dentist make mistakes that harm a patient, the dentist may be liable for failing to supervise them properly.
Can you get compensation for medical malpractice?
If you incurred expensive medical bills to treat the results of the malpractice, you can seek compensation for these losses. More subjective, non-economic types of harm like pain and suffering can also form part of your compensation award, as long as you can prove that they were significant.
Can dentists be sued?
You probably think of doctors when you think of medical malpractice claims, but dentists and orthodontists often can be sued as well when they fail to meet the appropriate standard of care.
How long can you go to jail for HIV?
Some states have a maximum sentence length up to life in prison, while others have maximum sentence lengths that are less than 10 years.
What are HIV specific laws?
HIV-specific laws that criminalize or control behaviors that can potentially expose another person to HIV. Sexually transmitted disease (STD), communicable, contagious, infectious disease (STD/communicable/infectious disease) laws that criminalize or control behaviors that can potentially expose another person to STDs/communicable/infectious ...
How many states have laws against HIV?
HIV and STD Criminalization Laws. As of 2020, 37 states have laws that criminalize HIV exposure. The laws for the 50 states and the District of Columbia were assessed and categorized into four categories. HIV-specific laws that criminalize or control behaviors that can potentially expose another person to HIV.
Is HIV a criminal offense?
Criminalization of potential HIV exposure is largely a matter of state law, with some Federal legislation addressing criminalization in discrete areas, such as blood donation and prostitution. These laws vary as to what behaviors are criminalized or what behaviors result in additional penalties.