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Principles of Obtaining Consent

CommunicationThere are four general principles to obtaining consent from all patients before beginning clinical investigation or treatment.

Capacity

Under Scottish law (Age of Legal Capacity (Scotland) Act 1991 [1]), people aged 16 and 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 , cannot remember, or are unable to weigh up the information needed to make a decision, consult your dental defence organisation for the most up-to-date advice.

For advice on obtaining consent for the care of children and adults who do not have capacity, see Children and Adults with Incapacity.

Provide Information

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 information on the:

  • benefits of the treatment
  • significant risks associated with the treatment
  • implications of any relevant options (including the option of not undergoing the treatment)

Give the patient time to consider the information and answer any questions they have.

Freedom of Choice

Ensure that the patient makes their decision voluntarily and knows that they can change their mind at any time.

Ongoing Process

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 and record this in the patient’s notes. Note that consent to an examination might not include permission to take radiographs, additional diagnostic tests or referral (as required).

Sources of Information