Dental malpractice: a problem for some. Council on Insurance.
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Since April 1995, patients' right to information and the duty of the operator to obtain their consent are legally established in the 'Medical Treatment Contract Act'. The aim of this study was to make an inventory of the number and type of information- and consent-complaints of Dutch dental patients, archived by the Dutch Dental Association in the years 1987-2000. By means of a registration form, complaints were analyzed and categorized. The results show that the number of complaints is slightly decreasing since the introduction of the 'Medical Treatment Contract Act'. However, complaints about lack of information on the treatment and consequences of treatment significantly increased. 60% of all complaints officially dealt with is (partly) substantiated. Redressment of done injustice, sometimes combined with a warning, is the sanction most often imposed. Although a substantial minority of the complaints is not substantiated, communication problems between dentist and patient do also seem to play an important role in those complaints. It is therefore necessary that dentists will provide comprehensible information to their patients.
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Standard of care is a legal concept of establishing, on a case by case basis, the minimal quality of care that must be met to defend against a claim of negligence in a lawsuit. Unlike other "standards," it is not prescriptive, but it does encompass diagnosis and overall management of patients, not just treatment. The standard is determined by assessment of the credibility of expert witnesses, the appropriateness of written evidence, and pertinent laws and regulations. Although the burden of proof rests with the plaintiff, only a preponderance of the evidence, not certainty beyond doubt, is required. Practice, especially diagnosis and informed consent, must be updated continuously.
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A 50 percent random sample of practising dentists in New Zealand was invited to complete a questionnaire aimed at determining their opinions on the effects of changes to Accident Compensation Corporation regulations on dental practice and patient access to treatment. Seventy-six percent of those surveyed returned the survey form. The results suggested that the introduction of a fee schedule for dental treatment in 1989 restricted practitioners' treatment decisions, and prevented some patients from receiving what was considered to be ideal care, largely on the basis of cost. Although the scheduled fee did not always cover the cost of treatment, many practitioners absorbed this shortfall. However, since the 15 percent cut in fees payed by ACC, which was introduced in 1992, practitioners are now finding it necessary to charge the patient for the amount not covered by ACC. Dentists state that this is further restricting the kind of treatment they can provide, and that patients can afford. Some patients are now unable to have any treatment for dental injuries resulting from accidents as they cannot afford it. Some practitioners feel that the introduction of a fee schedule and the requirement of a patient contribution to treatment costs have had some positive effects, but the majority feel that significant barriers to treatment have been created by the ACC changes.
The perceived imbalance between the supply of and demand for practicing dental hygienists has encouraged organized dentistry to pressure legislators for revisions in state practice acts. Georgia's recent experience with this type of legislation has required dental hygiene educators to develop, implement, and evaluate strategies that would increase the pool of available dental hygienists. The purpose of this paper is to present a review of strategies that were developed by Georgia dental hygiene educators to meet the recommendations spurred by proposed legislation in the General Assembly of Georgia. Dental hygiene program directors were charged by the chancellor of the University System of Georgia to improve student recruitment and retention, to explore the feasibility of new programs in areas of need, and to examine innovative ways to improve access to dental hygiene education. Dental hygiene faculties united with their professional association to activate alumni and registered hygienists, to improve public awareness by accentuating positive aspects of dental hygiene careers, and to organize a communication network whereby legislative information could be disseminated rapidly. Student recruitment was strengthened through individual and joint programs organized by dentists and dental hygienists. In response to these efforts, program enrollments were increased substantially, and a new program was established in an area of need. Nationally, dental hygienists are facing many challenges and problems that threaten to weaken or eliminate their status as educated and competent health professionals. Recently, dental and dental hygiene educators' attention was drawn to legislative activity in Georgia.
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This paper traces the history of the theory of focal infection--which related a number of general conditions to septic foci from which toxic products spread to different parts of the body--and its application to dental diseases in early 20th century Britain. Bad teeth were said to be one of the major sources of infection and a cause of many diseases. The paper focuses on the social and professional context in which the theory emerged and flourished. It shows that in spite of its lack of scientific foundation, the theory of focal sepsis was readily accepted by the dental profession and used to advance its claims for professional recognition. Thus the paper attempts to illustrate the point that the acceptance of a medical theory by health practitioners is as much determined by social and economic factors as by its therapeutic potential or its scientific validity.
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