Informed consent in dental malpractice claims. A retrospective study.
With the introduction of informed consent in dental practice in Spain during the last ten years activity has been focused on avoiding complaints rather than on giving adequate information to the patient. However, in the eyes of many professionals the document by which patients accept the cost or estimated charge of treatment is the equivalent of informed consent. Although Spanish law permits verbal consent in some cases (low risk therapeutic activities), some dentists interpret this law in a very broad way. The aim of this paper was to study the fulfilment of informed consent in relation to professional malpractice claims presented to the College of Dentists of the province of Murcia, south east Spain (regional professional association) during the last twelve years (n=52). Evaluation of the complaints pointed to adequate professional behaviour in 14 cases and malpractice in 38 cases (in 29 of which the treatment applied was technically correct but with inadequate information provided during the process, while nine cases represented technical errors). The written document of informed consent was absent in 40 cases, although the verbal information supplied was considered adequate in 14 cases. When the document of informed consent was present (12 cases) it was considered unsuitable, although adequately complemented by oral information.
Lopez-Nicolas
Manuel
M
Department of Forensic and Legal Medicine, University of Murcia, Medical School, Spain.
Falcón
Maria
M
Perez-Carceles
Maria Dolores
MD
Osuna
Eduardo
E
Luna
Aurelio
A
D000328:Adult; D002983:Clinical Competence; D003142:Communication; D032962:Consent Forms / Q000331:legislation & jurisprudence; D003729:Dental Care / Q000331:legislation & jurisprudence; D017266:Dental Prosthesis; D003812:Dentist-Patient Relations; D003815:Dentists / Q000331:legislation & jurisprudence*; D005260:Female; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence*; D008297:Male; D008318:Malpractice / Q000331:legislation & jurisprudence*; D008875:Middle Aged; D017008:Negotiating; D019647:Oral Surgical Procedures / Q000331:legislation & jurisprudence; D012189:Retrospective Studies; D012390:Root Canal Therapy; D013030:Spain; D013997:Time Factors