2009
DOI: 10.1038/sj.bdj.2009.608
|View full text |Cite
|
Sign up to set email alerts
|

The HIV positive dentist in the United Kingdom - a legal perspective

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...
2
1

Citation Types

0
3
0

Year Published

2011
2011
2018
2018

Publication Types

Select...
3
1

Relationship

1
3

Authors

Journals

citations
Cited by 4 publications
(3 citation statements)
references
References 39 publications
0
3
0
Order By: Relevance
“…Dentists that are HIV positive who continue to work potentially face a number of legal challenges. 55 In the case of actual transmission of HIV from the dentist to patient, the dentist may be liable for inflicting grievous bodily harm contrary to the recklessness provisions of s 20 of the Offences Against the Person Act 1861 (OAPA), unless the patient was fully informed of the risks, and consented to them. The Crown Prosecution Service (CPS) has successfully prosecuted a number of HIV positive individuals following the transmission of HIV through unprotected, consensual intercourse to an unsuspecting partner using these provisions.…”
Section: The Undiagnosed Clinician That Continues To Workmentioning
confidence: 99%
See 1 more Smart Citation
“…Dentists that are HIV positive who continue to work potentially face a number of legal challenges. 55 In the case of actual transmission of HIV from the dentist to patient, the dentist may be liable for inflicting grievous bodily harm contrary to the recklessness provisions of s 20 of the Offences Against the Person Act 1861 (OAPA), unless the patient was fully informed of the risks, and consented to them. The Crown Prosecution Service (CPS) has successfully prosecuted a number of HIV positive individuals following the transmission of HIV through unprotected, consensual intercourse to an unsuspecting partner using these provisions.…”
Section: The Undiagnosed Clinician That Continues To Workmentioning
confidence: 99%
“…An alternative remedy in the event of actual transmission of HIV might be provided by the Control of Substances Hazardous to Health Regulations 2002 (COSHH Regulations). 55,60 In the absence of actual transmission a challenge may come from individuals claiming injury based on their fear of acquiring AIDS by a potential exposure to an HIV infected person, even though those individuals have not in fact acquired AIDS or HIV infection. 61 Recklessness involves a conscious risktaking.…”
Section: The Undiagnosed Clinician That Continues To Workmentioning
confidence: 99%
“…This original correspondence spawned a succession of letters and comments over several years in the British Dental Journal in support of changes to the guidance. [3][4][5][6][7][8][9][10][11][12][13][14][15][16][17][18][19][20][21][22] Since David Croser's paper in 2006 1 there have been a number of incremental changes to guidance which significantly improve the outlook for BBV-infected healthcare workers (HCWs), including dentists, whose work involves EPPs. In particular the outcome of the work of the UK Department of Health Tripartite Working Group, which included members from the Advisory Group on Hepatitis (AGH), the Expert Advisory Group on AIDS (EAGA), the UK Advisory Panel for Healthcare Workers infected with Blood-borne Viruses (UKAP), the Department of Health (DH), the National AIDS Trust (NAT) and other outside experts provided a persuasive case for amendment of the guidance on HIV infected HCWs.…”
Section: Introductionmentioning
confidence: 99%