Implied consent

MDDUS has dealt with a number of cases where dentists have proceeded with a course of treatment on the assumption the patient is in agreement, only to be subject to a complaint afterwards when the patient claims they had not in fact agreed.

According to MDDUS dental adviser Claire Renton, oral or implied consent is suitable for most treatments. However, for anything that involves higher risk, written consent might be necessary, especially if there is any doubt about the patient’s understanding of the procedure.

“When a patient sits in the dental chair and opens their mouth for a check-up, most practitioners would agree this demonstrates they are consenting to treatment,” says Mrs Renton.

“The patient may not explicitly say the words, but their actions suggest they are happy for you to proceed. This is implied consent or consent that is inferred from signs, actions, or facts, or by inaction or silence.