The Best Interest of the Patient: Ethical and Legal Duties in Dentistry
Dentists have an ethical and legal responsibility to prioritize the "best interest" of patients. This principle directs every decision, from routine cleanings to complex procedures. Acting in the patient’s best interest is not just a moral obligation - it’s a legal standard that shapes the trust patients place in their providers.
The Importance of Informed Consent
Obtaining informed consent is essential when a dental procedure involves reasonably foreseeable risks. This consent should be documented in writing to ensure clarity and accountability. Legally, dentists are required to disclose:
- The risks and benefits of the proposed treatment
- Alternative treatment options
- The cost of treatment
- The implications of choosing no treatment at all
This information must be presented in a way that a reasonable patient would find relevant to their decision-making process. However, informed consent is not a blanket protection. It does not absolve a dentist from determining whether they are the most qualified professional to perform a specific procedure.
Knowing When to Refer
General dentists frequently face situations that could be more effectively handled by a specialist, such as an oral surgeon, endodontist, or periodontist. In these instances, the ethical and legal obligation to act in the patient’s best interest may necessitate referring them to a practitioner with specialized training and expertise.
For example, if a general dentist identifies a complex case, such as one requiring advanced surgical skills, referring them to a qualified specialist is usually in the patient’s best interest. This ensures the patient receives care from someone with the knowledge and experience necessary to achieve the best outcome.
Making Informed Decisions as a Practitioner
Dentists should carefully evaluate their expertise when deciding whether to treat a patient or refer them. If you choose to proceed with a procedure outside your usual scope of practice, you must:
- Be thoroughly familiar with the procedure and its potential complications.
- Understand all foreseeable outcomes of your treatment decisions.
If you have doubts about your ability to perform the procedure to the highest standard, referring the case is the safest course of action for the patient and yourself. Documenting the referral process is also crucial, as it demonstrates your commitment to the patient’s well-being and can help to provide you with legal protection.
Enhancing Informed Consent Documentation
For procedures that a general dentist performs but are typically within the specialist’s domain, it’s wise to include specific language in the informed consent form. This ensures that the patient is fully aware of their options and has made an informed choice to proceed with you, the general dentist. It is recommended that you include a statement in the consent form such as this:
I have been provided the opportunity to have the [describe the procedure here] performed by a specialist and have been provided the benefits of care under a specialist. I have willfully chosen to have treatment performed by this office and Dr. [dentist's name here] whom I know is a general dentist.
This language reinforces transparency, protects the patient’s autonomy, and clarifies the dentist’s role, reducing potential misunderstandings.
Conclusion
Acting in the patient's best interest is the cornerstone of ethical and legal dental practice. Dentists can uphold the highest standards of care by prioritizing informed consent, recognizing when to refer to specialists, and maintaining thorough documentation. These practices safeguard patient health and protect practitioners from ethical and legal risks, fostering trust and confidence in the dental profession.
Disclaimer: The information contained on the DentistCare Blog does not establish a standard of care, nor does it constitute legal advice. The information is for general informational purposes only. We encourage all blog visitors to consult with their personal attorneys for legal advice, as specific legal requirements may vary from state to state. Links or references to organizations, websites, or other information is for reference use only and do not constitute the rendering of legal, financial, or other professional advice or recommendations. All information contained on the blog is subject to change.
