Legal Question in Criminal Law in California

A few of my colleagues were discussing risks as dentists. Sometimes, it's possible to accidently brush up against a patient's chest, shoulder etc during treatment. I always have a female assistant with me during treatment or exams. Is there any major legal risks with an assistant chairside to bear witness? I've had no problems but is it possible for someone to come forward a year or 2 later and file a bogus complaint? Also, what if the staff person who was in the room has moved away or no longer with the office?


Asked on 4/01/13, 8:17 pm

2 Answers from Attorneys
Joshua Hale Hale Law Group

This is a question you need to pay an attorney to answer, and not get answered on a public forum.

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Answered on 4/01/13, 8:21 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

Anything is possible. While you may be lucky some of your colleagues have had complaints made years later which have resulted in criminal prosecutions. I would suggest that the assistant be present at all times and that a record is kept, signed by the assistant, showing that she was present at all times. You may, also, with the approval of the patient, videotape all procedures. If you have any questions, feel free to call me at 415-336-7534.

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Answered on 4/01/13, 11:23 pm


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