Informed consent to medical treatment in pediatric dentistry: a proposal for two new model forms for the public health care system

Over the last years, case-law and doctrine have increasingly focused on informed consent to medical treatments. This sensibility derives from the newly achieved awareness about the implications of the right to health and of the true interests underlying informed consent. Another reason is the ever-increasing litigation on the adequacy and correctness of the preliminary information given for medical treatments. Between 2008 and 2011 only, the Italian Supreme Court has ruled over a number of medical-liability cases that was equivalent to those decided during the decade 1991-2000, higher than all the judgments issued during the period 1942-1990. Among medical disciplines, also dentistry has been characterized by a meaningful increase in malpractice claims, from 3.6% in 2003 to 9% in 2010. In all those instances, inadequacy of preliminary information is one of the main arguments used by patients for their claims against health-care operators. The relevance of informed consent for dental treatments and therapies thus becomes apparent, both in relation to patients' awareness and for the legal protection of operators. The model forms attached to this publication have been developed keeping these factors in mind. The forms distinguish themselves for the possibility of customization and have been developed to fully support doctors in their preliminary communication with patients, before performing the medical treatment requested.