Informed consent in dental malpractice claims. A retrospective study

Area of Science:

• Dental Practice
• Medical Law
• Patient Rights

Background:

• Informed consent is a cornerstone of ethical dental practice.
• Spanish law allows verbal consent for low-risk procedures, but interpretation varies.
• A focus on complaint avoidance may overshadow genuine patient information.

Purpose of the Study:

• To assess the fulfillment of informed consent in dental malpractice claims in Murcia, Spain.
• To analyze the relationship between informed consent practices and malpractice allegations.
• To identify common deficiencies in the informed consent process.

Main Methods:

• Retrospective analysis of 52 malpractice claims filed with the College of Dentists of Murcia over 12 years.
• Evaluation of professional behavior and the adequacy of informed consent (written and verbal).
• Categorization of claims based on technical errors versus informational deficits.

Main Results:

• 38 out of 52 claims (73%) involved malpractice.
• Inadequate patient information accounted for 29 malpractice cases, while 9 involved technical errors.
• Written informed consent was absent in 40 cases; when present (12 cases), it was often unsuitable.

Conclusions:

• A significant portion of dental malpractice claims in Murcia stem from inadequate patient information, not solely technical failures.
• The current implementation of informed consent in Spanish dental practice is often insufficient.
• There is a critical need to improve the quality and documentation of informed consent to protect patient rights and reduce malpractice claims.