Top Ten consent tips
Dentists are responsible for performing procedures that may have some impact, whether major or minor, on the health and wellbeing of their patients. As a means of enhancing the autonomy of patients, dentist has to obtain patients’ informed consent for all treatment. Regardless of the quality of the dental work and the outcome of the procedure, dentists may become subject to formal complaints if they fail to obtain informed consent. Based on our extensive experience providing legal advice to dentists and representing them in regulatory proceedings, we have prepared the below list of 10 legal tips for obtaining consent in dentistry.
consent is our 1st line of defence, a little long but covers most aspects
5. Determine when it is prudent to obtain written informed consent
While it may not be practical for every procedure, obtaining patients’ written consent is the ideal practice within the dental office. This may not guarantee that consent is informed, but it will provide some documentary support for the proposition that consent was at least discussed. Dentists should exercise their discretion in determining when verbal versus written consent is appropriate.
6. The more serious/complicated the procedure, the more extensive the explanation
In our practice, we often assist dentists who have performed dental work that may have resulted in an adverse outcome, and are alleged to have done so without obtaining informed consent. Where treatment risks are more significant, dentists should take additional care to ensure that patients understand the possible outcomes, as well as the likelihood of such outcomes. It may be prudent to detail these risks in a document and then obtain the patient’s written informed consent.
To be continued………
Senior Medicolegal Consultant.
DR. VIJAY BALDWA
Senior Dental surgeon n Medicolegal Consultant
B. D. S. (BOM), LLB, LLM, DIM. DHRM, PGDIM
Architect, Prime Mover, Founder President I IDA MUMBAI WSB,
Vice President IDA Maharashtra SB
Author ,Contributor, invited speaker on legal n practice management
Please contact me at 8850551008