(a) A dentist shall not be liable for damages for injury or death caused in an emergency situation occurring in the dentist’s office or in a hospital on account of a failure to inform a patient of the possible consequences of a dental procedure where the failure to inform is caused by any of the following:
(1) The patient was unconscious.
(2) The dental procedure was undertaken without the consent of the patient because the dentist reasonably believed that a dental procedure should be undertaken immediately and that there was insufficient time to fully inform the patient.
(3) A dental procedure was performed on a person legally incapable of giving consent, and the dentist reasonably believed that a dental procedure should be undertaken immediately and that there was insufficient time to obtain the informed consent of a person authorized to give such consent for the patient.
(b) This section is applicable only to actions for damages for injuries or death arising because of a dentist’s failure to inform, and not to actions for such damages arising because of a dentist’s negligence in rendering or failing to render treatment.
(c) As used in this section:
(1) “Dentist” means a person licensed as a dentist pursuant to this chapter.
(2) “Emergency situation occurring in a hospital” means a situation occurring in a hospital, whether or not it occurs in an emergency room, requiring immediate services for alleviation of severe pain or immediate diagnosis and treatment of unforeseeable dental conditions, which, if not immediately diagnosed and treated, would lead to serious disability or death.
(3) “Hospital” means a licensed general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
(4) “Emergency situation occurring in the dentist’s office” means a situation occurring in an office, other than a hospital, used by the dentist for the examination or treatment of patients, requiring immediate services for alleviation of severe pain, or immediate diagnosis and treatment of unforeseeable dental conditions, which, if not immediately diagnosed and treated, would lead to serious disability or death.
(Added by Stats. 1978, Ch. 412.)
Last modified: October 25, 2018