Informed Consent in Dentistry: Can Change Impact Personal Injury Cases?

An excellent article appears in the Spring 2017 edition of the The Journal of Law, Medicine & Ethics (vol. 45, pp. 77-94) written by Kevin I. Reid titled “Informed Consent in Dentistry.” The article discusses how informed consent is respecting the ethical right of an individual to make decisions about one’s body and only have actions undertaken on their body with authorization without undue influence. In order for informed consent to be considered valid in dentistry the following must occur: (1) the patient is competent and has the ability and capacity to understand and decide, (2) the dentist discloses material information, (3) the patient understands, (4) the patient is voluntarily entering the arrangement, and (5) the patient provides authorization to go ahead. Every patient however comes to a different degree of understanding to authorize treatment based on their prior dental experiences, education, motivation, attention, … Read more

The Optional Alternative to Medical Injury Claims

Previously on this blog I have discussed some of the issues with medical malpractice in the United States and some potential alternatives. In this post Potential Alternatives to the Current Medico-Legal System in the United States I talk about some possible alternatives such as having some agreement directly with the physician and hence avoiding trial lawyers. In this provocative post How to Improve Your Chances to Win a Dental Malpractice Lawsuit I discuss the 4 elements you need to win a malpractice suit in the U.S. and a possible suggestion to help improve your chances of doing so. Last year, Kevin Pho known as “social media’s leading physician voice” discussed in a post written on July 16, 2012, titled “The New York medical malpractice crisis: Who’s to blame?,” how some financially struggling hospitals are going without medical malpractice insurance and just … Read more