Author(s): Chandan Dhingra and Richa Anand
Consent is the legal issue that protects every patient’s right not to be touched or in any way treated without the patient’s authorization. Consent can be given by a person who is conscious, mentally sound and above 18 years of age. Consent can be implied, expressed, informed or proxy. Much of a dentist work is done on the basis of consent which is implied either by the words or the behaviour of the patient or by the circumstances under which treatment is given. Expressed consent may be in oral or written form. It should be obtained when the treatment is likely to be more than mildly painful, when it carries appreciable risk, or when it will result in ablation of a bodily function. Informed consent implies that a dialog has taken place about the nature of the decision, reasonable alternatives, relevant risks, benefits and uncertainties of the decision, and the comprehension and acceptance of the health-care decision by the patient. If the dental practitioner fails to obtain consent, then he/she may be sued for the tort of battery and damages claimed for trespass to person - unless the failure to obtain consent is justified by necessity.
