It is a general legal and ethical principle that you must obtain valid consent before starting treatment or physical investigation, or providing personal care, for a patient. Obtaining appropriate consent should follow the principles set out in current guidance provided by the General Dental Council (GDC) [1] and the Scottish Government [2]. This topic is covered in more detail in Communication.
Principles of obtaining consent
There are four general principles to obtaining valid consent from all patients before beginning clinical treatment or investigation:
Provide adequate information to the patient that is specific to the patient, is in a manner that can be understood by the patient and includes:
- benefits;
- significant risks;
- implications of any relevant options (including the option of not having the intervention);
- costs.
Give the patient time to consider the information and answer any questions they have.
Ensure that the patient makes their decision voluntarily and knows that they can change their mind.
Under Scottish law (Age of Legal Capacity (Scotland) Act 1991) [3], people aged 16 or over are presumed to have the capacity to make their own decisions. Having capacity means being able to understand and remember what is being proposed, to weigh up the relevant information, including its benefits, hazards and options, and to use this to reach a decision.
- Ensure the patient has the capacity to make their own decisions when obtaining consent.
- If the patient is unable to provide informed consent because they do not understand or cannot weigh up the information needed to make a decision consult your defence organisation for the most up-to-date advice.
- For brief advice on obtaining consent for the care of children and adults who do not have capacity, see Communication.
Consent to be examined, investigated or treated is usually an ongoing process and not a single event.
- If you are in doubt as to whether a patient wishes to continue with the full care package being provided, check with the patient before proceeding.
- Refer to Communication for further details.
Sources of information
- Principle 3: Obtain valid consent. Standards for the Dental Team. General Dental Council (2013)
- A Good Practice Guide on Consent for Health Professionals in NHS Scotland. Scottish Executive Health Department (2006) [PDF]
- Age of Legal Capacity (Scotland) Act 1991