Duplicitous Negligence and Patient-Driven Treatment: Who’s Driving the Bus?

By Steven A. Fishman, DDS, FADL, FICD

Imagine your twelve-year-old approaches the bus driver of her school bus and says, “Move over, I’m driving.” Of course, that sounds incredulous. How would you expect your child to be qualified to drive the bus, and why on earth would the bus driver acquiesce?

This is a ludicrous picture. First, your child doesn’t have the faintest idea of how to drive a bus, let alone understand the “rules of the road.” Second, the bus driver has contractually agreed to take on the responsibility of delivering his pupils to school safely. He knows he would be responsible for any unpleasant outcome that may arise.

Patient-Directed Care

How is this different from letting your patients direct their own care? It’s one thing when the patient understands their condition, is well informed about the pros and cons of treatment choices, and can accept the consequences. However, what about the patient who tells you, “Move over, I’m driving,” without being educated enough about their condition, choices, responsibilities, or potential risks?

The Dentist’s Responsibility

Unlike the twelve-year-old child, your patients can make the decision to get behind the wheel and drive their dental treatment. If so, what is your obligation to educate them about their condition, their options, and both your and their responsibilities?

  1. Proper Diagnosis: It is your obligation to properly diagnose your patient’s condition and understand the risk/benefit ratios of each treatment option.
  2. Clear Communication: You must communicate this information clearly and understandably to the patient.

Only if you have properly diagnosed and educated your patient can you let them drive the bus.

Failing to Educate Patients

Why do some dentists fail to properly assess and educate their patients? Perhaps they lack confidence in their diagnostic skills or communication abilities. Maybe they doubt their ability to provide the necessary treatment that the diagnosis demands. Whatever the reason, it is the patient who suffers when not adequately prepared to “take the wheel” of their oral health.

Isn’t it duplicitous negligence when a patient sees their dentist regularly but is never fully aware of the consequences of their treatment choices?

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