Several high-profile cases in UK dentistry have shown just how costly and damaging it can be when consent is mishandled.

Whether due to rushed explanations, poor documentation, or communication failures, these cases highlight the legal, financial, and reputational risks that dentists face when consent goes wrong.

Real-World Cases of Informed Consent Failures in UK

Dentistry 1. GDC v Dr R – Consent Without Full Disclosure

In a General Dental Council (GDC) hearing, a dentist was suspended after performing complex extractions without adequately explaining the associated risks, including the potential for nerve damage. The patient claimed they were not told of any complications beforehand, and the absence of detailed notes made the dentist’s defence weak.

Lesson: Verbal consent alone is not enough—especially when dealing with surgical or irreversible procedures. Dentists must ensure patients are informed and that this is clearly documented.

2. P v NHS Trust – Root Canal Without Explanation

In this NHS complaint, a patient underwent root canal treatment and later developed complications. They argued they were unaware of the potential risks, such as file breakage or the possibility of failure. The complaint was upheld due to insufficient consent documentation.

Lesson: Even common procedures require clear, written consent with documented risks. Patients should understand not just what will happen, but also what could happen.

3. Montgomery v Lanarkshire Health Board (2015) – A Landmark UK Case

While not a dental case specifically, the Montgomery ruling set a legal precedent for all healthcare professionals in the UK, including dentists. The court ruled that clinicians must inform patients of all material risks that might influence their decision—not just those the clinician personally considers significant.

Lesson: Dentists must tailor their consent process to each individual patient’s values, concerns, and risk factors. Standardised explanations may no longer be legally defensible on their own.

4. CQC Investigations and Consent Failures

The Care Quality Commission (CQC) has issued enforcement notices to several UK dental practices where consent policies were found to be inadequate or inconsistently applied. In some cases, there was no record of consent at all for major treatments like extractions, implants, or whitening.

Lesson: Regulatory bodies now place serious weight on documented, traceable consent processes - and failure to meet this standard can result in practice sanctions.

The Path Forward: Digital Consent with Clear Consent

These cases make one thing clear: the traditional approach to informed consent— verbal explanations and paper forms—is no longer enough to meet modern clinical, legal, or patient expectations.

That’s where Clear Consent comes in.

What is Clear Consent?

Clear Consent is an innovative digital solution that helps dentists deliver consistent, legally robust informed consent via customisable video content.

Dentists create a fully personalised AI avatar of themselves, which reads out gold standard consent scripts tailored to each procedure. These videos are sent to patients to watch on their own time—on mobile, tablet, or desktop—before treatment.

How It Works:

AI Avatars Deliver Consent Advice

Patients receive a clear, engaging explanation from a digital version of their own dentist.

Customisable or Pre-Built Scripts

Choose from trusted stock scripts or build your own consent messaging.

Track Viewing & Understanding

The software verifies that patients watch the video in full, then quizzes them to confirm understanding.

Digital Signature & Secure Record

Patients sign digitally, and a tamper-proof consent record is stored directly in the clinical file.

Why Clear Consent Reduces Legal and Ethical Risk

• Meets GDC and Montgomery standards

• Provides an auditable record of informed consent

• Improves patient understanding and satisfaction

• Protects against complaints and legal claims

• Saves time by automating the consent process

Summary: Don’t Let Consent Failures Derail Your Practice

The legal landscape around dental consent is evolving—and failing to adapt can lead to serious consequences. But with digital innovation, dentists no longer have to rely on outdated, risky systems.

Clear Consent gives you peace of mind, knowing that your consent process is clear, consistent, and fully defensible—every single time.

Want to Learn More?

Request a Clear Consent demo today and discover how your practice can stay compliant, efficient, and patient-focused.

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Why Informed Consent Remains a Legal Risk for Dentists - and How Clear Consent Solves It