“We direct the opposite party (dentist) to pay a lump sum amount of Rs 2 lakh to the complainant, inclusive of litigation costs, for not explaining the details of the procedure and for the opposite party’s failure to take informed consent before beginning the complainant’s treatment,” the September 8 order read.
Root canal treatment led to further problems
The complainant claimed that she, along with her husband, who is also a doctor, visited the said dentist on August 9, 2023, suffering from oral pain and seeking dental treatment. She alleged that she was told she needed root canal treatment (RCT) and dental crowns for four teeth and veneers for two teeth. She allegedly paid Rs 1.10 lakh for the treatment.
The complainant stated that her dental treatment could have been managed by less invasive methods. She added that the RCT was conducted on August 27, 2023, and alleged that it was done without anaesthesia or written consent. She was also not provided with any information about the risks, benefits, alternatives, and potential complications of dental crowns, removal of the original tooth structure, and RCT.
She also added that the dentist’s behaviour was disrespectful during the treatment and that he made personal remarks about her complexion. He also did not pay heed to her pain and discomfort at the time of treatment, she added. Despite the treatment given by the dentist, the complainant suffered from unbearable tooth and gum pain, making it difficult for her to eat and chew, and alleged that this caused damage and disfigurement and affected her oral health.
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Later, she claimed to have visited another clinic where she allegedly paid Rs 1.38 lakh for the corrective treatment. Aggrieved, she moved the commission alleging deficiency in service and negligence on the part of the said dentist.
Dentist’s defence
The dentist argued that both filling and RCT followed by crowns were discussed in detail with the complainant and her husband, who, after taking time, decided to undertake the treatment and fixation of the crowns. He added that the complainant was given anaesthesia for the treatment of RCT.
He further argued that the complainant was informed several times regarding the risks, benefits, alternatives, and potential complications regarding dental crowns, removal of original tooth structure and RCT and that crown cutting was done during the second sitting of the RCT treatment.
Denying the complainant’s claim regarding his behaviour as disrespectful, the dentist stated that this was because the complainant was not maintaining oral hygiene during treatment.
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‘Breach of medical practice’
The commission noted that the woman’s main grievance was that the dentist conducted the RCT procedure without explaining to her the details of the procedure, the risks associated, and alternative treatments that could have been undertaken.
“The opposite party (dentist) has not filed the informed consent form signed by the complainant before the opposite party undertook the treatment of the complainant to show that the complainant was clear regarding the procedure and had been made aware of the risks and complications, which is a breach of medical practice,” it found.
It also noted that the dentist had not provided documentary evidence showing that the complainant had agreed to the shade and shape of the crown.
The commission directed the dentist to pay a lump sum amount of Rs 2 lakh to the woman, inclusive of litigation costs, for failing to explain the procedure and obtain informed consent before beginning the treatment within three months.
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Takeaway
This ruling highlights that a dentist must properly explain a proposed procedure, its risks and alternatives, and obtain informed consent before starting treatment.
For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Delhi: 1800-11-4000) or call the National Consumer Helpline at 1915 for assistance.
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