Dentist Fined Rs 2L
Delhi consumer commission orders payout over lack of informed consent for root canal treatment
A dentist in Delhi has been ordered to pay Rs 2 lakh to a patient after the consumer commission found a deficiency in service due to the lack of informed consent. The patient had undergone root canal treatment at the dentist's hospital in Vasant Vihar, Delhi, on August 9, 2023, and later sought a second treatment due to continued pain.
The patient had paid Rs 1.10 lakh for the initial treatment, which included root canal treatment and crowns for four teeth and veneers for two others. However, she underwent further treatment, including re-root canal treatment, removal of the earlier crowns and placement of new crowns and veneers, for which she paid an additional Rs 1.38 lakh.
The consumer commission's order, issued on September 8, 2026, did not hold the dentist medically negligent, but rather focused on the failure to establish that the patient had given informed consent after being properly told about the treatment, its risks, and alternatives. The dentist had denied the allegations, stating that the treatment had been discussed with the patient and her husband before it was undertaken.
The patient had sent a legal notice to the original dentist on April 15, 2024, but claimed she received no response. The dentist maintained that the patient had been given treatment options and had taken time before choosing the proposed procedures, and that the risks, benefits, alternatives, and possible complications had been explained.
## Why it matters The consumer commission's order highlights the importance of informed consent in medical procedures. The distinction between treatment failure and medical negligence is crucial, as it recognizes that even if a treatment is not successful, it does not necessarily mean that the medical professional was negligent. In this case, the lack of informed consent was deemed a deficiency in service, resulting in the dentist being ordered to pay compensation to the patient.
The order also underscores the need for medical professionals to ensure that patients are fully aware of the risks, benefits, and alternatives of a procedure before it is undertaken. This includes providing clear and concise information, as well as obtaining explicit consent from the patient. By doing so, medical professionals can help prevent similar cases of deficient service and ensure that patients receive the best possible care.
