defence argument vivek

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DEFENCE ARGUMENT 1 Defense Argument Vivek Patel (22074926) Healthcare Leadership: Canadian Context TRIOS/Sault College Brampton Campus HCL119 Legal Aspects of Healthcare Administration Dr. Guillermo Villegas 30/06/2023

DEFENCE ARGUMENT 2 Dr. A is a trustworthy, knowledgeable dentist who owns and runs a dental clinic. He is well known for his knowledge and commitment to offering high-quality care. His clinic is a dependable source for the community's oral healthcare needs. Vivek visits Dr. ABC's office for treatment because he suffers from excruciating dental pain. Following a careful examination, Dr. ABC finds that she has a severe infection in one of her molars and emphasizes the urgent need for root canal therapy to prevent further issues. Knowing that Mr. Vivek has anxiety about dental procedures, Dr. ABC takes the time to fully explain the procedure, its risks, benefits, and alternatives. Despite his recommendation that she get a root canal to save her natural tooth and ensure her long-term dental health, Mr. Vivek insists on having her tooth extracted because of her resistance. Respecting Mr. Vivek’s autonomy, Dr. ABC notes his refusal of the advised course of action and proceeds with the tooth extraction in the presence of a signed waiver attesting to his informed decision. Unfortunately, Mr. Vivek experiences problems following the extraction, which leads her to sue Dr. ABC. However, Dr. ABC can mount a strong defence by demonstrating that he provided Mr. Viveks with all the information he needed, respected his autonomy, and secured her informed consent. ( Nagraj, 2018) Facts: 1. Dr. ABC determined that Mrs. Adams had a severe tooth infection and required root canal therapy. 2. Dr. Brown explained to Mrs. Adams the procedure and its benefits, risks, and alternatives.

DEFENCE ARGUMENT 3 3. Mrs. Adams acknowledged her fear of dental procedures and chose to have a tooth pulled instead of undergoing the recommended root canal therapy. 4. Dr. Brown advised against extraction, outlining the risks and benefits of keeping the original tooth in place over the long term. 5. Mrs. Adams insisted on extracting her teeth and acknowledged her refusal to follow the recommended course of action by signing a release. 6. Mrs. Adams requested that the tooth be extracted, and Dr. Brown complied. He noted Mrs. Adams' opposition to root canal therapy and the risks involved. 7. Mrs. Adams experienced jaw pain and difficulty chewing following the extraction. Laws: Health Care Consent Act (Ontario ): The Health Care Consent Act (HCCA), a key piece of legislation governing the requirements for obtaining informed consent for medical procedures, is in force in Ontario. It clarifies the rights and obligations of patients and healthcare professionals when making healthcare decisions. This act can be connected to important information about the circumstances involving Dr. Brown and Mrs. Adams. According to this, medical professionals must ensure patients have access to all the information they need regarding their illness, the suggested course of treatment, viable alternatives, and any risks and benefits. For patients to make an educated decision about their treatment, they must have access to enough information. Dr. Brown can

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DEFENCE ARGUMENT 4 demonstrate that he respected Mrs. Adams' autonomy by giving her the information she needed to decide between a root canal and having her tooth extracted. The Dentistry Act: The Dentistry Act of 1991 is a crucial piece of legislation in Ontario that controls dental practice in the province. It outlines the obligations, responsibilities, and standards of behavior dentists must uphold when providing dental care to patients. Dr. Brown's legal position in the situation above is supported by the Dentistry Act of 1991. Dentists must obtain the patient's informed consent before starting any therapy. By fully disclosing to Mrs. Adams the recommended root canal therapy and outlining the risks, benefits, and potential alternatives, Dr. Brown can demonstrate that he complied with this obligation. Dr. Brown may be able to show how much he respected Mrs. Adams' autonomy by presenting evidence that he informed her of her treatment options and risks and that she ultimately decided to have her tooth extracted despite his advice. He can prove that he complied with the act's requirements for professional conduct by demonstrating that he followed the generally accepted procedures for diagnosis, treatment planning, and informed consent discussions. Negligence Act : The legal principles governing the duty of care owed by medical professionals— including dentists—to their patients are established by Canadian negligence law. According to the information about negligence law that applies to the current situation, Dr. Brown is accountable for treating Mrs. Adams' teeth following the standards of care that a reasonable

DEFENCE ARGUMENT 5 dentist would provide in Mrs. Adams' situation. Dr. Brown may argue that he provided care and advice following the standard of care by suggesting root canal therapy as a potential treatment option based on his expertise and knowledge. Dr. Brown can demonstrate that he satisfied this need by providing Mrs. Adams with pertinent information about root canal therapy and any possible risks or benefits. According to Dr. Brown, he did not go against his duty because he respected Mrs. Adams' decision-making process and obtained her informed consent. He respected her autonomy and encouraged her to have her tooth extracted even though he had initially suggested root canal therapy.

DEFENCE ARGUMENT 6 References Government of Ontario, Ministry of Health and Long Term Care (1991). Dentistry Act . Retrieved on 27 th June 2023 from https://www.ontario.ca/laws/statute/91d24 Government of Ontario, Ministry of Health and Long Term Care (1991). Health Care Consent Act . Retrieved on 27 th June 2023 from https://www.ontario.ca/laws/statute/96h02 Government of Ontario, Ministry of Health and Long Term Care (1991). Negligence Act. Retrieved on 27 th June 2023 from https://www.ontario.ca/laws/statute/90n01 Nagraj, S. K., Eachempati, P., Aggarwal, H., Lingappa, A., Muthu, M. S., Krishanappa, S. K. K., & Hassan, H. (2018). Interventions for treating post-extraction bleeding. The Cochrane Library , 2018 (5). Retrieved on 27 th June 2023 from https://doi.org/10.1002/14651858.cd011930.pub3

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