ABSTRACT

It is axiomatic that the consent of a patient should be obtained before a dental examination or treatment is carried out. Lord Diplock, in a leading case on consent to medical treatment described consent as 'a state of mind personal to the patient whereby he agrees to the violation of his bodily integrity'. There are three essential characteristics of consent to treatment, namely competence, voluntariness and knowledge. The General Dental Council, in its ethical guidance to dentists in relation to consent, states that 'a dentist must explain to the patient the treatment proposed, the risks involved and the alternative treatments and ensure that appropriate consent is obtained'. There are two ethical principles which impact upon the concept of consent to medical or dental treatment: the patient's right to independent thought and decision making (principle of autonomy) and the dentist's duty to act in the best interests of the patient (principle of beneficence).