Dentists' Understanding of Consent to Treatment: A Port Harcourt Private Dental Practice Perspective- A Clinical Audit

ACKNOWLEDGEMENT

I would first like to express my gratitude for my research supervisor, colleagues, peers and family whose immense and constant support has been a source of continuous guidance and inspiration.

DECLARATION

I [type your full first names & surname here], declare that the following dissertation/thesis and its entire content has been an individual, unaided effort and has not been submitted or published before. Furthermore, it reflects my opinion and take on the topic and is does not represent the opinion of the University.

TABLE OF CONTENTS

ACKNOWLEDGEMENTII

DECLARATIONIII

CHAPTER 1: INTRODUCTION1

Background of the study1

Problem Statement2

Purpose of the study3

Rationale of the study4

Significance of the study5

Research Questions6

Credibility6

Research Validity7

Reliability7

Ethical Considerations8

CHAPTER 2: LITERATURE REVIEW9

Informed Consent10

History11

Required Components13

Other Considerations14

Methods of Obtaining Informed Consent15

Special Cases16

Exceptions19

Gillick Competence scale for children's consent22

Consent for Care in Dentistry23

The Fundamentals of Consent for Treatment in Dental Practice23

The Nature of Consent for Treatment23

Comprehension of the information24

Relevant considerations24

Possible consequences of not obtaining consent for treatment24

Summary25

REFERENCES26

CHAPTER 1: INTRODUCTION

Background of the study

The informed consent of patient to treatment and investigation is the basic aspect of proper provision of dental care. If the dentist has not taken consent from the patient he is vulnerable to criticism on a number of counts, not least those of assault and/or negligence - which in turn could lead respectively to criminal charges and/or civil claims against the dentist (Margaret, 1991: 25). The question of informed consent has aroused from the NHS complaints procedures and the general dental council on professional ethics and conduct.

All the dentists and other medical professionals must have a thorough and proper understanding of the consent principles and also have the knowledge to apply the consent principles in all possible circumstances which may arise in the normal practice(Dawson, 2009: 124).

The courts are continuously amending the common law and legislation and the related interpretations are changing and developing as well. The lower court judgement can be bound by the higher court decision as per the doctrine of the precedent. Simultaneously the clinical ability and knowledge is developing and informed consent if the result of this changes (Manson, 2007:88).

It is the legal and moral responsibility of the clinician that they keep a track of all the changing standards and they must also inform their patients about the changing standards as well. The patients must be given an opportunity to be involved in the decision making as well. The doctors must also ensure that the treatment they are providing to their patient is the best treatment available (Shaw, 2007: 75).

Nearly eighty years ago, Judge Cardozo in a case in America declared:

“Every human being of adult years and sound mind has a right to determine what shall be done with his own body”. (Corrigan, 2009: 88)

The basic and fundamental principles of the consent include the concept of patients' rights, adult responsibility and a mind sound enough to understand. The department of health has defined the consent in the advice booklet on obtaining consent as

…The voluntary and continuing permission of the patient to ...