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Additional resources for Legal Aspects of General Dental Practice
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Sidaway The duty to disclose is, to some extent, dependent upon the risk:benefit ratio of treatment. So in aesthetic procedures, failure to disclose even remote risks may be difficult to justify. Ultimately, however, the Bolam test (see p. 59) still applies, where a dentist will not be found negligent if he has acted in accordance with the practice accepted as proper by a responsible body of dentists. In other words, if it is not generally appropriate to warn about something, a dentist cannot be found guilty of negligence if he fails to warn.
There is no obligation on the dentist to seek the consent of any other person with parental responsibility before providing treatment. Issues of parental responsibility often arise either when the child is brought to the practice by a grandparent, childminder or relative, or when the parents are separating and the oral health of the child (or lack of it) is a matter of dispute. Where there is disagreement between parents about what treatment should be provided, one consenting and the other refusing, the dentist ‘will be presented with a professional and ethical dilemma but not with a legal problem because if he has the consent of one authorised person, the treatment will not without more constitute a tres33 pass or criminal assault’.
It will also allow patients to know what information is being shared about them and who is seeing it. Eventually, patients will be able FURTHER READING Faculty of General Dental Practitioners (UK). Clinical Examination and Record Keeping, Good Practice Guidelines. London: Faculty of General Dental Practitioners (UK); 2001. Field EA, Longman LP. Guidance for the management of natural latex allergy in dental patients and dental healthcare workers. London: Faculty of General Dental Practitioners (UK); 2004.