SRM Journal of Research in Dental Sciences (Jan 2014)
Legal modalities in dental patient management and professional misconduct
Abstract
While providing the oral healthcare services, a dentist has to follow certain set of standards to avoid any litigation in the name of malpractice. Consent is a fundamental and established principle in the Indian Law. Not taking consent is considered as deficiency in medical services. Medical records are documentary evidence as per the Indian Evidence Act, 1872. A dental professional is bound by law and ethics while providing treatment to his patients. Disclosure of complete information that is necessary to the patient regarding the treatment is essential to avoid any clauses of negligence against the doctor, even if there is no contract between the doctor and patient. Healthcare malpractice can be challenged under two main categories in the court of law, that is, civil and criminal depending on the nature of offence. A third category lies under consumer protection act, 1986, where professional services provided by the dentist can be challenged. Professional indemnity insurance also known as ′Defense Costs′ will pay all the costs, fees, and expenses incurred with their prior consent in the investigation, defense, or settlement of any claim made against the insured.While providing the oral healthcare services, a dentist has to follow certain set of standards to avoid any litigation in the name of malpractice. Consent is a fundamental and established principle in the Indian Law. Not taking consent is considered as deficiency in medical services. Medical records are documentary evidence as per the Indian Evidence Act, 1872. A dental professional is bound by law and ethics while providing treatment to his patients. Disclosure of complete information that is necessary to the patient regarding the treatment is essential to avoid any clauses of negligence against the doctor, even if there is no contract between the doctor and patient. Healthcare malpractice can be challenged under two main categories in the court of law, that is, civil and criminal depending on the nature of offence. A third category lies under consumer protection act, 1986, where professional services provided by the dentist can be challenged. Professional indemnity insurance also known as ′Defense Costs′ will pay all the costs, fees, and expenses incurred with their prior consent in the investigation, defense, or settlement of any claim made against the insured.
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