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Dento-Legal Issues in Malaysia: A General Guide for Dental Practitioners

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Abstract

Dentistry is a noble profession where dentists often manage to bring smiles and create confidence in patients. Nonetheless, as with other medical professionals, dentists too often encounter legal suits brought against them by their patients. Legal actions against dentists are not new in Malaysia, where several actions have been litigated in court. The rise in legal actions against medical professionals including dentists is associated with the increased awareness of patient’s rights and autonomy. Legal actions can cause several repercussions on dentists such as loss of reputation, shame and anxiety. As such, it is imperative for dentists to have the basic legal knowledge on the potential legal liability that they may face should something go wrong during the course of dental treatment. This is the main crux of this paper where several dento-legal cases that have been reported in Malaysian law journals are identified and analysed. This is followed with a brief discussion on the legal issues surrounding those cases. Legal principles governing the issues identified are provided in brief so as to provide dentists with basic legal knowledge on the legal aspect of dentistry.

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... Nowadays, with the increasing use of informative technology at the fingertips, the dentist-patient relationship has achieved new dimensions. Patient has more information and well-versed in dentistry and this dimension leads dental practitioners too often encounter legal suits brought against them by their patients (YAAKOB, 2022). These alarming issue attract much public attention in the mass media in some countries (Ozdemir et al., 2005). ...
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Patient-centred care dentistry offers positive treatment outcome by unique combination of dental practitioners and their patients to improve quality of care and overall health outcomes. As Muslim dental practitioners, they must adhere with the Islamic principles and values in treating their patients with the Maqasid Shari’ah that blended in patient centred care approach. The concept of Maqasid Shari’ah is the purpose and objective of Shari’ah that formulated in the protection of religion, soul, mind, heredity and property. Apart from that, Qawaid Fiqhiyah is the methods that used in solving dental fiqh issues nowadays and that legal maxims is endorsed by the Muslim scholars or authorities. Finally, the dental treatment goal is to increase patients’ quality of life as a servant of Allah and khalifah in the Earth.
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