I
have just learned that consultants are advising dentists to encourage patients
to keep scheduled appointments for non-emergency or elective procedures. THIS
IS TERRIBLE ADVICE. DO NOT DO THIS.
In
1920, the North Carolina Supreme Court ruled, “It is a well-settled proposition
of law that a person is liable if he negligently exposes another to a
contagious or infectious disease.” In
2006, California courts, citing the North Carolina case and many others, agreed
that negligently exposing another to a contagious disease is actionable. The Plaintiff in the California case won $12.5
million in damages. Insurance did
not cover the loss.
Although
the recent CDC guidance urges dentists to take precautions with patients who
have signs of respiratory illness, that guidance did NOT state that
dentists should see patients for non-emergency or elective dental procedures.
The
corona virus is highly contagious. A
person can be contagious without showing any symptoms of respiratory illness. The virus is deadly. Public health experts from Johns Hopkins tell
us that that there are probably 500,000 infected persons in the United States. It would be grossly negligent for any health
care provider to encourage a patient to come to a public office under these
conditions for a routine visit. Please
reschedule these patient appointments as soon as possible.
You,
your employees, your patients and families risk infection if you do not
reschedule these patients. Moreover, you
risk significant liability and damage to your professional career if the
government traces cluster of infections to your office.
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