CDSPI was created over 60 years ago by the dental community with the sole purpose of arranging programs for the benefit of dentists who are members of CDSPI’s member associations. CDSPI is a not-for-profit organization that exclusively serves the dental community with expert advice and investment and insurance solutions. opinions in shaping the trajectory of malpractice claims. “Patients often seek a free expert opinion from the dental college,” she noted. “While this opinion cannot be used as evidence in court, it serves as a litmus test for the viability of a case and informs subsequent legal strategies.” The importance of informed consent Informed consent is a pivotal aspect of dental malpractice cases, with O’Neill shedding light on its legal underpinnings. “Informed consent hinges on the patient’s right to make informed decisions about their health care,” she explained. “It necessitates a comprehensive disclosure of material risks, tailored to the patient’s perspective.” Drawing from precedent-setting cases, O’Neill underscored the multifaceted nature of informed consent. “The disclosure standard is contextual and relies on the materiality of risks to the patient,” she said. “Factors such as the gravity of the patient’s condition, the likelihood of risks, and the patient’s unique circumstances all influence the disclosure process.” Moreover, O’Neill offered practical strategies for bolstering informed consent practices and fortifying defense against malpractice claims. From customized consent forms tailored to individual patients to meticulous documentation of treatment discussions, her recommendations underscored the importance of proactive risk management. Adopting a strategic approach When faced with potential litigation, O’Neill urged dentists to adopt a strategic approach. “Practice management during a crisis is paramount,” she advised. “From maintaining confidentiality to refraining from admitting liability prematurely, each step must be carefully orchestrated to safeguard against potential legal pitfalls.” As the dental profession continues to evolve, ongoing education and collaboration among dental professionals and insurance providers remain essential in ensuring the highest standards of care and accountability in dentistry. Through educational initiatives like the CDSPI Malpractice webinars, dentists can stay informed and equipped to meet the challenges of dental malpractice claims effectively. To watch the full recording of the malpractice panel discussion, go to YouTube and search for and subscribe to CDSPI. This is intended as a general description of certain types of coverage available to qualified customers through Zurich Insurance Company Ltd (Canadian Branch). Nothing herein should be construed as a solicitation, offer, advice, recommendation, or any other service with regard to any type of insurance product underwritten by Zurich Insurance Company Ltd (Canadian Branch). Your CDSPI Malpractice Insurance Policy Terms and Conditions is the contract that specifically and fully describes your coverage. The description of the policy provisions contained herein gives a broad overview of coverage for informational purposes only and does not revise or amend the Policy Terms and Conditions. Colleen O’Neill Senior Associate Dolden Wallace Folic LLP William Cole Senior Claims Adjustor Crawford & Company 42 | 2024 | Issue 2 SupportingYour Practice
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