Dr. Peter Carpenter, a dental surgeon, was found liable for damages resulting from the displacement of an impacted wisdom tooth. The liability arose not from his recommendation to extract the tooth but from his failure to obtain his patient's informed consent. The trial judge ruled that providing only printed information in technical language fell short of meeting the requirements for informed consent. Talking to patients Every day physicians communicate with patients about medical procedures and they must ensure that the consent they obtain is truly informed. This effort becomes especially vital in light of statistics about the prevalence of low literacy levels in Canada.
Demographic data indicate that many patients have poor literacy skills.
Many Canadians have a hard time understanding medical language, which is often complex or confusing. They also may have trouble reading information doctors give them and understanding what physicians tell them. This can lead to misinterpretation of instructions and mean that the quality of care, through lack of adherence to a treatment plan, is compromised. And, as the court cases indicate, it also may have alarming legal implications. Given the competing legal interests and the potential for liability, as well as inadequate guidelines from Canadian courts that can be used in determining physicians' conduct, plain language is vital.