I am writing regarding "Anesthesia for the Dental Visit" (For the Dental Patient, May JADA).
As a retired dentist actively engaged in the medical and dental malpractice industry for the past 11 years, it is my opinion that the advice to the patient to "discuss the risks and benefits of each anesthetic option" is fraught with potential danger for the dental practitioner.
It is the duty of the practitioner in many jurisdictions to provide to the patient informed consent information—including the risks and benefits of proposed treatment or anesthetic options—so he or she can make an informed decision regarding those options.
To shift the burden of the informed consent process to the patient, as suggested in the proposed handout, places an unfair responsibility upon the patient. It also puts the dentist in the unenviable position of possibly having to defend an allegation of failing to provide appropriate informed consent information in the event of an adverse treatment or anesthetic outcome.
From a risk management standpoint, I would encourage the American Dental Association to modify this patient education handout and place the informed consent responsibility where it legally belongs, upon the shoulders of the practitioner. It is the dentist who must provide the information, and the patient, the consent.
The opinions expressed in this letter are personal and do not, in any way, reflect the position of Medical Assurance Inc.
