Legal Question in Medical Malpractice in Florida

Can a dental assitant hold your legs down

While dentist is pulling your teeth


Asked on 5/24/12, 8:35 am

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

This can be tricky. A person can't touch another without consent. Otherwise it's a battery. However, in this context it sounds like the patient may have been thrashing or moving (possibly because of the pain) and so the assistant needed to keep the patient still in order for the dentist to successfully work on the patient.

Arguably, the patient consented to the touching by the assistant since it was connected to the dental service sought by the patient. Even if it was not specifically agreed upon, the assistant holding one's legs down seemed to support a legitimate purpose.

Besides, in order to sue for medical malpractice there must be some sort of injury. Although not all the facts are stated here, it doesn't sound like the patient would have suffered any injury from the assistant holding their legs down.

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Answered on 5/24/12, 9:40 am


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