Medico-legal aspect of dental practice

Awareness about medical and dental negligence among public is growing in India. With this changing scenario, health care professionals have to adapt to the situation and may have to face such legal tangles, which is intangible and disturbing sometimes. Dentists are increasingly facing legal challenges from the patients who are not satisfied by the treatment provided. It is mandatory that all health care professionals including dentists should be aware of the medico legal aspects of the field.

Mistakes are common in every profession, as it occurs in life. It is the duty of the individual to avoid errors and foresee the potential for mistake but, on occasions, it may become unavoidable. Unfortunately, in the health profession mistakes could result in serious consequences for the patient and, in turn, lead to the doctor/dentist being made answerable.3 Medical negligence occurs when a physician, hospital, pharmacist, or any other health care professional fails to perform the expected duties of their respective jobs. It is the duty of the dentist to warn the patient about possible risks in the treatment procedure. Following careful examination, the dentist should decide the treatment to be adopted. It may not be wise for a health practitioner to state that they will perform a cure with the highest possible degree of skill. While taking decisions, courts consider whether the health practitioner in question has undertaken the procedure with a fair, reasonable, and competent degree of skill. Supreme Court states that doctor profession is the noblest of all, and that there is a need to protect them from frivolous prosecution, it is implicit that doctors/dentists must be aware of the continued goodwill towards them in society, and that it is their duty to practice in the best interest of the patient, upholding concepts of righteousness and service.