Harmed in a Dentist's Office? Did the Dental Assistant Do More Than They Were Allowed to Do?
October 3, 2011 By Pasquali Law Office
California law limits the role of Dental Auxiliaries. When "busy" dentists allow their dental assistants to do more than the law permits, patients can sustain serious injuries. In this article, the author explains the role of dental assistants as outlined in the California Dental Practice Act.
The California Dental Practice Act limits what a dental assistant can and cannot do. However, in times of economic necessity, some practicing dentists attempt to stretch their incomes by working on one patient while their assistant works on other patients. What the "assistant" is allowed to do depends upon their licensing, and the degree of supervision by a licensed dentist.
Dental malpractice occurs whenever a dentist violates the applicable standard of care in the community and a patient sustains injury. Dental malpractice also occurs if a dentist allows an assistant to perform work which should, by law, only by undertaken by a licensed dentist. The Pasquali law office has years of experience in representing patients in dental malpractice claims against their dentists.
For example, unless specifically so provided by regulation, a dental assistant may not perform the following functions as these represent the practice of dentistry:
(1) Diagnosis and treatment planning;
(2) Surgical or cutting procedures on hard or soft tissue;
(3) Fitting and adjusting of correctional and prosthodontic appliances;
(4) Prescription of medicines;
(5) Placement, condensation, carving or removal of permanent restorations, including final cementation procedures;
(6) Irrigation and medication of canals, try-in cones, reaming, filing or filling of root canals;
(7) Taking of impressions for prosthodontic appliances, bridges or any other structures which may be worn in the mouth;
(8) Administration of injectable and/or general anesthesia;
(9) Oral prophylaxis procedures.
While Registered Dental Assistants, Registered Dental Assistants in Extended Functions, and Registered Dental Hygienists can perform duties and functions that a dental assistant cannot, each such authorization is also strictly limited by California law.
ABOUT THE AUTHOR: Rolando Pasquali
Rolando Pasquali has been practicing law for 28 years. His career began working for America's biggest insurance companies before being recruited by the Bay Area's most prestigious personal injury firm. He was a Deputy District Attorney, prosecuting violent crimes, for 10 years. He never lost a homicide, vehicular manslaughter, or life sentence jury trial.
Rolando has appeared as a guest lecturer to attorney groups and his legal affairs articles have appeared in El Latino Newspaper, the Daily Journal, and in the San Mateo County Bar Journal “The Docket.” He has been interviewed on KTVU Television, KSTS Telemundo, Bay T.V., and KCBS Radio.
Copyright Pasquali Law Office
More information about Pasquali Law Office
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Dental malpractice occurs whenever a dentist violates the applicable standard of care in the community and a patient sustains injury. Dental malpractice also occurs if a dentist allows an assistant to perform work which should, by law, only by undertaken by a licensed dentist. The Pasquali law office has years of experience in representing patients in dental malpractice claims against their dentists.
For example, unless specifically so provided by regulation, a dental assistant may not perform the following functions as these represent the practice of dentistry:
(1) Diagnosis and treatment planning;
(2) Surgical or cutting procedures on hard or soft tissue;
(3) Fitting and adjusting of correctional and prosthodontic appliances;
(4) Prescription of medicines;
(5) Placement, condensation, carving or removal of permanent restorations, including final cementation procedures;
(6) Irrigation and medication of canals, try-in cones, reaming, filing or filling of root canals;
(7) Taking of impressions for prosthodontic appliances, bridges or any other structures which may be worn in the mouth;
(8) Administration of injectable and/or general anesthesia;
(9) Oral prophylaxis procedures.
While Registered Dental Assistants, Registered Dental Assistants in Extended Functions, and Registered Dental Hygienists can perform duties and functions that a dental assistant cannot, each such authorization is also strictly limited by California law.
ABOUT THE AUTHOR: Rolando Pasquali
Rolando Pasquali has been practicing law for 28 years. His career began working for America's biggest insurance companies before being recruited by the Bay Area's most prestigious personal injury firm. He was a Deputy District Attorney, prosecuting violent crimes, for 10 years. He never lost a homicide, vehicular manslaughter, or life sentence jury trial.
Rolando has appeared as a guest lecturer to attorney groups and his legal affairs articles have appeared in El Latino Newspaper, the Daily Journal, and in the San Mateo County Bar Journal “The Docket.” He has been interviewed on KTVU Television, KSTS Telemundo, Bay T.V., and KCBS Radio.
Copyright Pasquali Law Office
More information about Pasquali Law Office
View all articles published by Pasquali Law Office
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
