In the hundreds of patient dispute cases where I have acted on behalf of dentists, a common underlying factor is how “professional” the dentist has behaved as perceived by the patient and/or relevant party.
Many years ago during the Health Professions Legislation Review (which ultimately gave rise to the Regulated Health Professions Act and Dentistry Act in Ontario), a reputable organization submitted the following:
“Interprof, an organization involving the major self-regulating professions in Ontario, has approved the following definition of profession. “A profession is a self-disciplined group of individuals who hold themselves out to the public as possessing a special skill derived from training or education and who are prepared to exercise that skill primarily in the interest of others. A professional person is a member of such a group.”1
In the dental context, it could also be added that “in the interest of others” includes taking into account the patient’s disadvantaged position, unequal bargaining power and inherent vulnerability due to the lack of knowledge of the scientific / technical aspects of dentistry and the absolute need to trust and rely on the advice and actions of the dentist.
Patient disputes typically arise due to the patient not being satisfied with the treatment received or dental care provided for any number of reasons. Some of the reasons may not in fact be bonafide; dentists will frequently tell me that the patient is really just feigning being upset as a guise for simply not wanting to pay their dental bill. In other cases, an unsatisfactory result or miscommunication can be clearly identified as causative factors giving rise to the patient’s consternation.
It seems to me that, regardless of the cause (other than very serious or gross misadventures), if a dentist truly wishes to achieve a satisfactory outcome, then acting “professionally” can go a long way in resolving the dispute to the mutual satisfaction of both parties before it escalates into a costly, stressful and arguably unnecessary, legal proceeding (eg. malpractice lawsuit or regulatory complaint / investigation).
Knowing how to act “professionally” may not always be as simple as it sounds. However, keeping this goal in mind when treating patients and seeking proper assistance if in doubt, can not only help the dentist resolve disputes as amicably as possible but foster and enhance the reputation of dentists as being part of an honourable profession in the patient’s (and public’s) eyes.
1.The Ontario Dental Association Submission To Health Professions Legislation Review, December 30, 1983, page 4.
Rollin M. Matsui received his B.Sc. degree from Victoria College, University of Toronto in 1975, his D.D.S. dental degree from the Faculty of Dentistry, University of Toronto in 1979 and his LL.B. law degree from Osgoode Hall Law School, York University in 1991. He is a Fellow of the American College of Legal Medicine and part-time lecturer at the Faculty of Dentistry, University of Toronto. He is the Oral Health Journal Editorial Board Member for Ethics.