Biju Krishnan describes how practitioners can use dental consent to uphold their professional responsibilities, enhance patient satisfaction and protect themselves from legal challenges.
Dental consent refers to the process of obtaining a patient’s voluntary agreement to undergo a specific dental procedure after being fully informed about its nature, benefits, risks and alternatives.
Consent is a cornerstone of patient autonomy, ensuring that individuals have control over decisions affecting their health and wellbeing.
Translation: dental consent is essentially your patient saying: ‘Yes, I trust you enough to poke around in my mouth with sharp instruments – please don’t hurt me.’
It’s a delicate dance where the dentist explains procedures in non-terrifying terms, and the patient agrees that they fully understand what ‘minor swelling’ means.
It’s as much about permission as it is about ensuring everyone leaves the chair with their dignity – and legal safety – intact.
In the UK, the General Dental Council (GDC) outlines clear guidelines for consent under its ethical framework as described in Principle 3 of their Focus on Standards.
For those of you who have not had a chance to read this recently, here’s a quick reminder:
Principle 3: Obtain valid consent
- 3.1 You must obtain valid consent before starting treatment, explaining all the relevant options and the possible costs
- 3.2 You must make sure that all patients (or their representatives) understand the decisions they are being asked to make
- 3.3 You must make sure that the patient’s consent remains valid at each stage of investigation or treatment.
Dental consent safeguards both patients and dental practitioners, fostering trust and mutual understanding while ensuring compliance with the law.
Translation: if you skip getting proper dental consent, you’re basically inviting the legal equivalent of root canal treatment sans the LA: a small oversight that can turn into a massive, painful ordeal.
Picture this: your patient didn’t quite understand that ‘minor discomfort’ might include a swollen cheek the size of a watermelon. Fast forward, and you’re not just facing an awkward review on Google but a court case where a lawyer will gleefully grill you about every conversation you thought you had.
Suddenly, your routine filling has snowballed into a dental drama, complete with accusations of negligence and possibly a cameo on a daytime TV court show.
The moral of the story? Always dot your Is and cross your Ts – or risk being the star of your very own legal nightmare.
Consent you can rely on
Dentistry Consent is a revolutionary digital tool that helps protect clinicians from litigation by informing, testing and documenting patient understanding and acceptance of treatment.
Find out how you can save time, money and stress by adopting the future of valid consent today.
Key principles of dental consent
- Voluntariness: consent must be given freely without coercion or undue pressure. Patients should feel empowered to make their own decisions
- Capacity: the patient must have the mental capacity to understand and evaluate the information provided. This is assessed based on the Mental Capacity Act 2005 in England and Wales, or equivalent legislation in Scotland and Northern Ireland
- Informed decision making: patients must be provided with clear, relevant and accessible information about:
• The proposed treatment
• Potential risks and side effects
• Possible alternatives, including no treatment - Specificity: consent is specific to the procedure in question. For instance, a patient consenting to a dental cleaning has not automatically agreed to a tooth extraction
- Documentation: while verbal consent is valid for routine procedures, written consent is strongly advised for more complex or invasive treatments to ensure clarity and legal protection.
The importance of communication
In my experience, explaining dental procedures to patients can be a bit like trying to explain the offside rule in rugby to my ever-suffering wife.
You try to simplify it, but before you know it, you’re knee-deep in jargon, and the patient is nodding blankly, hoping it will all make sense eventually.
Then there are the cultural barriers, language differences, and the occasional patient who insists they read something on the internet that sounds way more appealing than reality.
Effective communication is at the heart of the consent process. Dentists must use plain language, avoiding medical jargon that could confuse patients. Visual aids, models or demonstrations can be particularly helpful in explaining complex procedures.
For patients who speak little or no English, professional interpreters or translated materials should be provided. Similarly, patients with hearing or visual impairments should be accommodated with suitable communication methods.
Legal implications of failing to obtain consent
The landmark case of Montgomery v Lanarkshire Health Board (2015) emphasised the importance of patient-centred consent. It established that healthcare providers must disclose any information that a reasonable patient would find significant, rather than relying on the clinician’s judgement alone.
Failing to obtain valid consent can have serious legal consequences for dental practitioners. Patients may file complaints with the General Dental Council, which can lead to disciplinary action. In extreme cases, practitioners may face claims of negligence or assault in court.
In simple terms, skipping valid informed consent is like setting off on a road trip without checking the fuel gauge – it might work out fine, or you could end up stranded in a legal wasteland.
Without consent, you’re one ‘I didn’t agree to that!’ away from a courtroom showdown where your meticulously crafted dental charts become evidence against you. It’s not just your reputation on the line – it’s your sanity, your license, and possibly your savings. Consent isn’t just a formality.
Conclusion
Ultimately, dental consent isn’t just about legal boxes to tick. It’s about trust. When patients feel informed and respected, they’re less likely to view the dentist as an adversary armed with sharp objects. Instead, they see a professional dedicated to their health and wellbeing.
Over the next few articles, I’ll be taking a deep dive into the nuances, challenges and occasional absurdities of dental consent. Think of it as your ultimate guide to navigating the world of patient agreement without biting off more than you can chew.
Understanding dental consent may save you more than just a bit of stress in the future. Plus, who doesn’t want to be the life of the party armed with fun facts about Montgomery v Lanarkshire?
Follow Dentistry.co.uk on Instagram to keep up with all the latest dental news and trends.
