iDentistry The Journal identistry_jan_april2019 | Page 39
The Journal
is informed that any complaint against a
delinquent practitioner has not been decided by
a State Dental Council within a period of six
months from the date of receipt of complaint by
it and further the State Government or any
competent authority has reason to believe that
there is no justified reason for not deciding the
complaint within the said prescribed period, the
State Government or any competent authority
may.
a. Impress upon the concerned State Dental
council to conclude and decide the complaint
within a time bound schedule.
b. May decide to refer the said complaint
pending with the concerned State Dental
Council straightaway or after the expiry of the
period which had been stipulated by the
Regulation in accordance above, to itself and
c. Refer the same to the Ethical Committee of
the State Dental Council for its expeditious
disposal in a period of not more than six months
from the receipt of the complaint with the State
Government.
8. Any person aggrieved by the decision of the
State Dental Council on any complaint against a
delinquent Dental Surgeon, shall have the right
to file an appeal to the State Government within
a period of 60 days from the date of receipt of
the order passed by the said State Dental
Council. Provided that the State Government
may, if it is satisfied that the appellant was
prevented by sufficient cause from presenting
the appeal within the aforesaid period of 60
days, allow it to be presented within a further
period of 60 days.
Discussion
As soon as dentistry changed gears in this
modern era, the law suits have increase
manifold making our attention to ethics to be
higher than before.
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With the introduction of NABH standards and
the looming Clinic Establishment Act
(applicable already in many states of India),
ethical standards in modern dentistry are
advancing rapidly with full gusto. As a
responsible general dentist, it is imperative for
us to learn to handle ethics issues practically
side by side to carve out our own niche
professionally. The core issues in dental ethics
will always be primarily the ethics of the dentist-
patient relationship, patient confidentiality and
the urgent need to obtain informed consent.
Consent is a often misused and a confused
term in dental practice set ups. The process of
informed consent is required for compliance
with the law and the need of a written informed
consent, thus, requires a thorough knowledge
on the part of the dentist (need to alter the
curriculum), unbiased presentation of all
options available in priority wise sequence
(even if you are offering the same option or not)
and consequences (malpractice or negligence
suits) including costs (litigation and damages
awarded) and the probability of all outcomes (in
some situations whether followed the road less
traveled but ethical). It also requires the
capability of the dentist to communicate
effectively (in patient’s language) on a level to
satisfy the patient about all choices. Some of us
don’t know that it is not necessary to obtain
informed consent for clinical examination and
routine radiography. In general, the consent
process provides an opportunity for the dentist
to create a good patient–dentist relationship by
communicating with the patient regarding the
details of the treatment, tailoring the information
to the specific needs and understanding of the
patient. It also allows the patient to express his
opinions, fears and concerns unabashedly. This
can build patients’ trust and confidence on the
dentist as they feel they are in control of the
decisions (autonomous process) in their
treatment. Many dentists are not aware of the
professional indemnity insurance either as the
same is used for providing compensation to the
patient if the dentist was found guilty/negligent
as per law and it is available at damn cheap
Vol. 15
No. 1
Jan-April 2019