Dental sports law is the application of law to the field of dental practice that includes the prevention of oral and facial injuries and the treatment of patients who participate in athletic events or exercise programs. The field of general sports law is expanding at a rate consistent with the increasing participation by the general population in athletics and exercise programs. Professional, amateur, and school-organized sports activities have attracted more participants and interest than ever before. The greater the participation in an activity, the more cases comes before the courts. As more cases come before the courts, the body of law as it relates to the activity increases. The same legal development applies to sports law.
The intent of Good Samaritan Laws was to remove the barrier of fear of a law suit being lodged against a physician\dentist who renders first aid to an individual injured as a result of an accident. It was anticipated that given this protection, physicians\dentist would be more likely to assist people injured al the scene of an accident.
Examining or treating a patient without consent constitutes an unauthorized touching, and makes the one who commits the act guilty of a battery and liable to the patient in a civil suit.
The complete health history, supplemented by the results of tests and radiographs, and a clinical examination leads to an evaluation of the patient's oral health status. Armed with this information the dentist should be able to generate alternative treatment plan.
In terms of Sports Dentistry, there are no special concerns related to record keeping of patients engaged in sports, except that the dentist should note any recommendations given to these patients to ensure safety during their athletic activities, and any recommendations, as to the action they should take should an injury occur.
Any and all information obtained from the patient by the dentist in the course of examining or treating the patient is to be held in strict confidence. The violation of this trust may subject the dentist to severe penalties in an action brought by the patient. However, there are several situations in which the information may be released without violating the patient's right to privacy.
Lack of proper measures may lead to minor or major damage having a long lasting impact on patient’ s oral as well as general health. “Prevention is better than cure”, says an old adage. This holds true for orofacial injuries in sport events. Sport’s person should understand that oral protection by way of properly fitted mouthguards, helmets and face masks will not hamper their ability to perform.
As dentists engaged in practicing our profession, whether as general practitioners, specialists, teachers, or researchers, each one of us has a vested interest and a professional responsibility to continue to update our own personal professional knowledge, to contribute to the overall knowledge base of the profession as a whole, to provide service to the communities in which we live and work, and to provide our special clinical expertise to all of our patients. No less should be expected for our patients who participate in athletic endeavors.