Criminal Liability of Dentists in the Treatment of Psychiatric Patients in the Field of Non-Surgical Cosmetic Medicine

Abstract

Cosmetic dental procedures such as filler injections are increasingly requested by psychiatric patients, particularly those under antipsychotic medications. This raises unique medico-legal dilemmas regarding the validity of informed consent and the extent of dentists’ criminal liability. Jordanian Medical and Health Liability Law No. 25 of 2018 emphasizes the verification of legal and mental capacity prior to any medical or cosmetic intervention, yet its application to psychiatric cases remains unclear. This study employs a descriptive-analytical methodology, reviewing Jordanian legal provisions, and doctrinal writings, alongside relevant international ethical guidelines. Medical literature on the effects of psychiatric medications on cosmetic outcomes is integrated to contextualize the legal analysis. The findings highlight significant challenges: psychiatric patients may appear stable when signing consent but lack true legal capacity; antipsychotic medications can negatively affect cosmetic outcomes; and insufficient medical documentation often leads to the presumption of medical error. Jordanian law provides partial safeguards but leaves gaps in addressing elective, non-therapeutic cosmetic interventions in vulnerable patient groups. The study underscores the need for stricter safeguards when providing cosmetic treatments to psychiatric patients, including mandatory psychiatric consultation, robust documentation of mental capacity, and legally valid informed consent. Failure to comply with these obligations may expose dentists to criminal liability, even in the absence of intent. Legal reforms and clearer professional protocols are recommended to balance patient rights with practitioner protection.