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Ver 1.3 August 6 , 2020
INFORMED CONSENT RELATED TO COVID-19
[ Note : This information should not be construed as legal advice nor be considered a substitute for consulting an attorney with any specific legal question .] For assistance with this issue , PDA contacted The Dentists Insurance Company ( TDIC ), which has an endorsement relationship with PDA Insurance Services , Inc . ( PDAIS ). TDIC shared the following :
From a legal standpoint , TDIC does not advise using a separate COVID-19 form . Instead , we recommend use of a procedure-specific written , signed , and dated informed consent form . The consent form should be part of a process of obtaining a patient ’ s agreement , following an exploration and discussion of the treatment , as well as the risks and alternatives to a procedure .
In addition to the procedure specific consent form , the insureds should also have effective COVID-19 infection control protocols in place , including recommended PPE and patient screening protocols , to protect the patient , staff , and doctor . The protocols should be followed , explained to the patient and documented in the chart in the event these practices are called into question . As always , a note in the chart indicating the patient was given an opportunity to ask questions and that all questions were answered is exceedingly helpful , especially in this setting .
We would add that any informed consent form by itself is insufficient to shield a medical provider from liability and creating one specific to COVID-19 may provide a dentist with a false sense of security . A procedure specific form , following proper protocols , and excellent charting are the best protections against potential liability . We have not specifically advised against a separate form but proper protocols and charting are much more effective .
PDA ’ s legal counsel concurs with TDIC and adds that if dentists still do want to add a specific COVID-19 warning to their consent forms , they can , but then it is best to use " including but not limited to language " - in other words , that the " risks disclosed include but are not limited to ..." As always , the important things are to be specific about the procedure involved , and to put the details in the patient record - the precise risks disclosed , who disclosed the risks ( in Pennsylvania , it has to be the provider , not a staff person or assistant ), that the patient consented and that the patient executed the informed consent . All that should be specifically set out in the patient record .
PDA members having further questions about informed consent or professional liability relating to COVID-19 are urged to contact their professional liability insurance carrier .
PROFESSIONAL LIABILITY DURING COVID-19
7 Informed Consent