Swiss & EU informed Consent law
- Patients can only legally commit to dental implant treatment if they were informed in an adequate and comprehensive manner (Oehler 2003; Ries at al.2002; von Ziegner 2001; Schinnenburg 2000; Ratajczak 2000; Gaisbauer 1995,1997; Fallschussel 1985; Konning 1989; Deutsch 1983). This principle is universally valid in the European and North American legal systems and is a logical consequence of every patients right to self-determination and personal liberty (Fischer and Lilie 1999).
- What is Informed Consent (IC)?
- The general rule is that the clinician must not undertake medical procedures on patients without their informed consent
- Informed consent is the voluntary agreement by a patient to a proposed health care management approach given after proper and adequate information is conveyed to the patient about the proposed management, including potential risks and benefits and alternative management options.
- Failure to obtain a patient’s may expose a medical practitioner to a claim of negligence or on occasions for assault
- What are the requirements for valid consent?
- To be valid the consent :
– must be given voluntarily and not coerced or induced by fraud or deceit.
– must cover the procedure undertaken.
– must be given by a person with legal capacity.
– The patient needs to have an awareness and understanding of the proposed procedures or treatments and their known material risks.
Us informed Consent law
What is informed consent?
- Informed consent is a process whereby a patient voluntarily agrees to proposed treatment after a discussion of advantages, disadvantages, risks, and alternatives. All states require that patients provide informed consent before dental treatment is commenced.
- The concept of informed consent evolved from battery, which is the unauthorized touching of another person. A landmark case from New York in 1914 laid the foundation for informed consent, stating: “Every human being of adult years and sound mind has a right to determine what shall be done with his own body; a surgeon who performs an operation without his patient’s consent commits an assault, for which he is liable in damages.” (Schoendorff vs. Society of NY Hospital; 211 N.Y. 215; 1914)
- Before informed consent became a standard part of the information process, patients could be subjected to treatments of a medical or dental nature to which they did not give permission. Many legal cases exist where patients were subjected to various forms of treatment that resulted in damaging, disfiguring, or otherwise detrimental outcomes, all without the patient’s permission.