2 weeks ago
Delhi Commission Orders Dentist to Pay for Missing Consent
A woman went to a dentist because she had pain in her mouth.
She said the dentist recommended root canals, crowns and veneers.
She said he did not properly explain the treatment, its risks or other choices.
She also said she did not sign an informed-consent form before treatment began.
After the treatment, she continued to have serious pain and visited another clinic.
The dentist said he had explained the choices and had used anaesthesia.
A consumer commission decided that the dentist had not shown enough proof that informed consent was obtained.
It ordered him to pay the woman Rs 2 lakh, including legal costs.
A Delhi consumer commission ordered a dentist to pay a woman Rs 2 lakh, including litigation costs.
The commission found that the dentist failed to explain root canal risks, alternatives and potential complications.
The woman said she paid Rs 1.10 lakh for root canal treatment, crowns and veneers in 2023.
She later reported continuing pain and paid Rs 1.38 lakh for corrective treatment at another clinic.
The dentist denied wrongdoing, but the commission noted he did not submit a signed informed-consent form.
- Who
- An unnamed woman and her dentist; the complaint was decided by the South-West District Consumer Commission in Delhi.
- What
- The commission ordered the dentist to pay Rs 2 lakh for failing to explain treatment details and obtain informed consent.
- Where
- The case was heard by the South-West District Consumer Commission in Delhi.
- When
- The treatment took place in August 2023, and the commission issued its order on September 8.
- Why
- The commission found that the dentist had not provided a signed informed-consent form or documentary proof that treatment risks, alternatives and complications were explained.
Woman’s Complaint
Dentist’s Defence
Explanation and consent
Woman’s Complaint
The woman said the dentist did not explain the procedure, risks, benefits, alternatives or possible complications and began treatment without written consent.
Dentist’s Defence
The dentist said root canal treatment and filling options were discussed in detail with the woman and her husband, and that the risks and alternatives were explained several times.
Treatment and pain
Woman’s Complaint
She alleged that the root canal was performed without anaesthesia and that she experienced continuing pain, discomfort and difficulty eating afterward.
Dentist’s Defence
The dentist said anaesthesia was provided and disputed the allegations about the treatment and his conduct.
Evidence before the commission
Woman’s Complaint
The woman argued that the treatment was unnecessary or could have been managed through less invasive methods and that corrective treatment was later required.
Dentist’s Defence
The dentist maintained that the treatment was decided after the complainant took time to consider the options, but the commission noted that he did not submit a signed informed-consent form or documentary proof of agreement on the crown’s shade and shape.
Key facts
- Compensation
- Rs 2 lakh, including litigation costs
- Original treatment cost
- Rs 1.10 lakh
- Corrective treatment cost
- Rs 1.38 lakh
- Treatment discussed
- Root canal treatment, crowns for four teeth and veneers for two teeth
- Treatment date
- August 27, 2023
- Commission finding
- Failure to explain the procedure and obtain informed consent
- Payment deadline
- Within three months
Quotes
South-West District Consumer Commission
Delhi consumer commission hearing the woman’s complaint against the dentist
“The opposite party (dentist) has not filed the informed consent form signed by the complainant before the opposite party undertook the treatment of the complainant to show that the complainant was clear regarding the procedure and had been made aware of the risks and complications, which is a breach of medical practice.”
indianexpress.com
“We direct the opposite party (dentist) to pay a lump sum amount of Rs 2 lakh to the complainant, inclusive of litigation costs, for not explaining the details of the procedure and for the opposite party’s failure to take informed consent before beginning the complainant’s treatment.”
indianexpress.com
Sources
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