Dental tourism: who is responsible for the ‘burden of patient decision’?

Dental tourism: who is responsible for the 'burden of patient decision'?

Dentists explore where responsibility for any consequences of dental tourism lies, including whether patients should have the right to sick leave when travelling abroad for treatment.

A company in Northern Ireland was recently found to be liable for sick pay while an employee travelled abroad for cosmetic dental treatment. Two dentists shared their thoughts on the case, highlighting the issues that can arise around dental tourism.

Makbule Ogretme, dentist

A recent case hit the headlines where the employer was found liable for sick payment during a dental procedure abroad. The first thing we should ask ourselves is why we are even discussing a sick payment – surely employees are entitled to it if their contract states that?

Is the issue here having treatment abroad? Surely everyone has the right to seek treatment wherever they feel right to do so. Is there such reaction to this only because this employee had dental treatment in Turkey?

We see vast examples of ridiculously invasive treatments in the media which sometimes result in great discomfort for the patients. We dentists have strong negative views on them.

But are we going to let our personal judgement over dental tourism affect a person’s own freedom in choosing what’s right for them no matter how much we disagree?

This reminded me a question my son asked me recently. He asked if a prisoner would be given medical treatment if something happened to them. I said: ‘Yes, absolutely.’ I don’t think we have any rights to decline sick payment based on someone’s choice of treatment. It is simply against their human rights.

Generally the illness or recovery time from elective procedures like cosmetic dentistry is not covered under statutory sick pay. In these cases an employer might not be required to provide compensation. However, if the employee suffers from unforeseen medical complications, such as infections or adverse reactions, they may qualify for sick pay depending on their jurisdiction.

Employers should be encouraged to clarify their sick pay policies regarding elective procedures to prevent disputes.

Morteza Mazinanian, specialist prosthodontist

Staff who have planned medical or dental procedure being carried out should request medical leave or take annual leave with necessary notice as per their contract. They should anticipate and ascertain the recovery period from their treating clinician in advance so they can take appropriate length of leave for recovery.

As a clinician treating some of the most complicated surgical cases, I appreciate that complications happen that can elongate this recovery. However one should be considerate of their work place. By requesting sick leave not only they have placed their work place in a compromised position, but they have transferred the stress to remaining colleagues at work.

By granting this sick pay, not only the court has allowed and disregarded the impact the individual has had already on the business during the sick period but they have now added to it a financial burden. I believe sometimes the government and other bodies forget it is business that generates the income and the jobs.

I appreciate we have to look out for our staff. We call them work family at my practice and as such we expect the same level of mutual understanding and respect.

‘There is a human factor here’

On a final note, the NHS dental services in secondary care refuse patients who have decided to go abroad and have their treatment. They ask them to go back to have their issues resolved and only look after them in cases of pain and severe life threatening complications.

If a government body has the right to refuse to carry the cost burden of patient decision, the business should be able to do the same.

I, however, truly believe in dentistry being such a small world and usually business owner operated these situations will be rare but the bigger corporates might have to deal with such issues. There is a human factor here and open communication always resolves these matters.

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