Failure to obtain consent to dental treatment

The General Dental Council (GDC) and Care Quality Commission are amongst a number of bodies providing a wealth of guidance to dental practitioners on obtaining consent from patients prior to, and during, treatment.

Obtaining consent from the patient is a vital step.  As dental negligence specialist lawyer, one of the early indicators I see that a patient has been subject to negligent treatment is the absence of that patient’s consent to the treatment they have undergone.

WHAT IS VALID CONSENT?

The Care Quality Commission advises:

For consent to be valid, it must be given voluntarily and freely, without pressure or undue influence being exerted on the person either to accept or refuse treatment. The consent must be given by an appropriately informed person who has the capacity to consent to the intervention in question [1]. 

HOW SHOULD YOUR DENTIST OBTAIN CONSENT FOR TREATMENT APPROPRIATELY?

Whether it is a hygienist, dental nurse, consultant or any other member of a dental team involved in a patient’s care, they are all required to follow the principles laid out in the “Standards for the Dental Team” published by the GDC in September 2013.

Principle 3 directs that a dental practitioner must obtain valid consent before starting treatment. This involves giving full, clear and accurate information the patient can understand about their treatment, possible outcomes and, particularly, by explaining all the relevant options and the possible costs.

In addition to this, the guidance promotes dental practitioners obtaining consent by clearly discussing with their patient the risks and benefits of all treatment options in comparison with each other. A good dental practitioner will take account of the patient’s circumstances and guide them to the particular treatment that is best for them whilst clearly predicting the likelihood of future success of the procedure.

THE CONSEQUENCES OF A FAILURE TO OBTAIN CONSENT TO DENTAL TREATMENT

The circumstances whereby there has been a failure to obtain consent are wide-ranging.

When Client’s approach us at the Dental Negligence Team it is predominantly when the results of their treatment are painful or harmful to their teeth and they have since discovered:

• that they did not have to have that specific treatment; and
• that the harmful consequences were known to the dental practitioner but that information was not passed to the Client prior to them agreeing to treatment.

Understandably, our Clients are frustrated and describe a breakdown of trust in the dentist-patient relationship because they feel that, if they had known of the full extent of the risks/alternative options available, they would not have given consent and then would not have suffered the adverse effects of the treatment.

Most Clients feel the damage cannot be undone; however, if we are able to establish that the dentist was negligent in their treatment, we are in a position to assist them in bringing an action with the aim of obtaining treatment or compensation to restore their teeth.

If you are concerned that dental treatment you have received has been unacceptable, we at the Dental Negligence Team suggest you speak to an independent dental practitioner for advice and one of our specialists in dental negligence.