The legal position of delivering dental care in a time of COVID-19

Aim To provide an international perspective on COVID-19 (SARS-CoV-2) safety measures and discuss the medico-legal perspective of providing dental care during the COVID-19 pandemic.

Data sources This paper is a narrative review. The authors are drawn from academic dentistry and academic law.

COVID-19 safety measures in dental clinics Dental care professionals are considered to be at high risk of exposure and subsequent transmission of COVID-19. Therefore, it is of great importance that dental professions put in place measures to prevent cross infection from the virus. These measures include screening patients and spacing of appointments to allow fallow time. Within the clinic, there is a requirement for adequate ventilation (perhaps aided by air cleaners and disinfection air fogging devices) together with cleaning and use of alcohol gels to ensure hands are clean. With regards to dental treatment, the measures expected are also itemised, such as the use of virucidal antiseptic mouthwash, use of personal protective equipment, rubber dam and moving to non-aerosol generating procedures wherever possible.

COVID-19 safety measures and the law The point is made that the need for the implementation of these precautions is not only necessary for cross-infection prevention but also for the avoidance of legal issues. The paper discusses the liability of a dentist, both criminal and civil, should a person contract COVID-19 as a result of attending for dental treatment. Although opinion varies across legal jurisdictions, the general consensus is that a practitioner would only be liable if they had been negligent. This is not just the case when guidelines are available, whether legally enforced or not, as the practitioner is required to deliver care in an up-to-date and evidence-based manner. There is a need to document persuasions taken to protect the practitioner from litigation.

Conclusion Dentists should follow the scientific evidence to reduce as much as possible the risk of them contracting or spreading COVID-19. In addition, to avoid criminal or civil legal consequences, all procedures to avoid cross infection should be documented, as in not doing so, the practitioner will not be able to prove they were carried out.