Valid consent and orthodontic treatment

Abstract

Valid patient consent is a legal and ethical principle that is fundamental to healthcare provision. Oral health practitioners (OHPs) must understand the principles that need to be addressed to ensure that the consent given by a patient is valid. Failure to obtain consent may result in a negligence claim or a complaint of professional misconduct against the OHP. Orthodontic treatment is mostly elective but is not without risk to the patient. Obtaining and maintaining valid consent for orthodontic treatment presents additional challenges in comparison with other dental procedures as the treatment lasts over a longer time and is most commonly performed in adolescents. In addition, prospective patients need to be informed regarding 'lifelong' management in the retention phase to minimise the risk of relapse. The present paper outlines the principles of valid consent with particular regard to orthodontic treatment in the adolescent patient. OHPs must ensure that they are satisfied that the competent patient has the capacity to voluntarily consent. Clinicians must also recognise that valid consent is not a one-off 'tick the box' procedural exercise but an ongoing process of effective information sharing in light of changing laws and an ever-changing scientific evidence base within a patient-centred model of healthcare.

Orthodontic treatment consent forms: A readability analysis

“…The relative difficulty of reading the information contained within the ICFs means that many patients are not benefitting from the content contained within and may even be harmed if they misinterpret the information. Furthermore, reading difficulty risks invalidating patient consent if the consent process is overly reliant on the information within the ICF—as patient comprehension of health information is central to informed consent (Meade et al, 2019). This may result in adverse legal and ethical consequences (Eltorai et al, 2015).…”

“…Many factors require consideration in determining the suitability of written information such as accuracy, presentation and formatting (Harwood and Harrison, 2004). One approach used to improve health literacy is to ensure that written health information contained within an ICF, is 'easy' to read and therefore has a level of 'readability' (Meade et al, 2019).…”

“…Valid consent, however, is not a one-off event represented by a signature on a document. It is an ongoing process that requires effective communication and engagement between the clinician and the patient (Meade et al, 2019). Nevertheless, a signed consent form can act as an outline of the material to include in the information disclosure process.…”

Ectopic and impacted maxillary canines: A quality evaluation of online information

“…Several EIMC treatment options are available and usually there is interdisciplinary involvement. It is essential that patients and their families are in receipt of sufficient high-quality information to ensure that there is valid consent to proposed treatment (Meade et al, 2019).…”

Medicolegal Aspect of Consent

“…The most common type is the informed consent in which patient is informed in detail about the disease, investigation treatment and the most likely outcome, all the queries of the patient are addressed to his satisfaction. In Pakistan the consent which is most prevalent is blanket consent in which patient or his guardian is asked to sign a form which is a consent form so that his treatment is started, he is not told about any procedure or treatment plan and pretended to be a routine matter and surprisingly patient or his guardian also do not ask what they signing for as everyone presume it to be part of the treatment (6).…”