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Patient choice: the shape of consent post-Montgomery
Shaun Sellars1, Lauren Sutherland2
1General Dental Practitioner, Alvington House Dental Practice, 112 Northgate Street, Bury St Edmunds, IP33 1HP, United Kingdom. s.sellars@alvington-house.co.uk.
British Dental Journal
|May 12, 2023
Summary
Dentists must ensure valid informed consent following the Montgomery ruling. This paper clarifies legal standing and offers a practical workflow to improve patient consent processes for healthcare professionals.
Area of Science:
- Medical Law
- Dental Ethics
- Patient Rights
Background:
- The legal framework for patient consent in the UK has been significantly impacted by the Montgomery v Lanarkshire Health Board ruling.
- This ruling emphasized the importance of shared decision-making and the patient's right to be informed about material risks.
Purpose of the Study:
- To provide a historical overview of patient consent laws.
- To update on the current legal landscape of consent in UK dentistry.
- To introduce a novel 'consent workflow' to assist dental professionals in obtaining valid informed consent.
Main Methods:
- Historical legal review of patient consent.
- Analysis of current UK legal statutes and case law pertaining to medical consent.
- Development of a practical, adaptable 'consent workflow' for clinical use.
Main Results:
- The study clarifies the post-Montgomery legal requirements for informed consent in dental practice.
- A structured workflow is presented to guide healthcare professionals through the consent process.
- The workflow aims to enhance the confidence of both practitioners and patients.
Conclusions:
- Adherence to informed consent principles is crucial for ethical and legal dental practice.
- The proposed consent workflow offers a practical tool for dentists to navigate complex consent requirements.
- Implementing this framework can improve the quality of the patient-professional relationship and shared decision-making.
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