Abstract
Trying to buy a mercury thermometer at the local pharmacy these days will result in a deluge of information regarding the risks of mercury and the proper disposal protocol for mercury thermometers as hazardous waste. Yet, inquiring about the risks of placing mercury in one’s mouth, in the form of a dental filling, is likely to meet with resounding assurances of safety from the dental profession. While such comforting disclaimers are meant to ease patient concerns, many continue to worry about the safety of dental mercury. This article will begin by describing the many safety concerns that surround the use of dental amalgam. It will briefly overview how other nations and even the U.S. Food and Drug Administration have taken preliminary steps to safeguard patient safety. It will then examine the dental industry’s use of professional discipline and malpractice litigation to prevent and even punish full disclosure of amalgam risks. The article will conclude by showing how legislation at the state level appears to offer the best strategy for insuring that dental patients are adequately informed of the risks associated with mercury fillings.
Files
Metadata
- Subject
Business Organizations Law
Food and Drug Law
Health Law and Policy
Law and Society
Legal Education
Legal Ethics and Professional Responsibility
Legal History
Legal Writing and Research
Medical Jurisprudence
Social Welfare Law
- Journal title
Health Matrix: Journal of Law-Medicine
- Volume
14
- Pagination
293-324
- Date submitted
8 September 2022
- Keywords
- amalgam risks
- American Dental Association
- American Society of Dental Surgeons
- dental filling
- dental industry
- dental treatment options
- FDA regulations
- informed consent
- informed decision-making
- malpractice litigation
- mercury amalgam fillings
- patient rights
- patient safety
- professional discipline
- safety risks of dental mercury