17. When we consider a complaint, we look at whether there are signs the organisation has got something wrong. We do this by comparing what should have happened with what did happen. We have done this and have not found any indications that something has gone wrong. We explain why below.
Consent
18. Mr X complains that the Practice did not consult his wife regarding his treatment, despite her being his main carer.
19. Mrs X kindly gave us a copy of her carer’s card from the local council, and it is clear to us that she is her husband’s carer. We therefore reviewed the Practice’s records and considered whether it should have done anything differently in managing communication with Mr X and his wife.
20. We have not seen anything within the patient file from the Practice that indicated Mrs X was officially listed as her husband’s carer. We also found no record within the file that Mr X lacked capacity or was unable to give consent to the treatment himself. There is an entry within the patient file confirming that Mr X was of sound mind at the time of the procedure. The Practice also told us that Mr X showed full mental capacity to understand the treatment options and possible risks and complications, and to provide consent to that treatment. Because of this, the Practice advised it was not required to get Mrs X’s consent before going ahead with the procedure.
21. Since there was no evidence that Mr X lacked capacity or had given Mrs X the authority to make decisions for him, we have not seen any guidelines or standards that indicate the Practice should have declined to accept Mr X’s own consent. It explains the consent process was discussed with Mr X, and he made the decision to proceed. This appears in line with the GDC guidance, section 3.1.1, which says, ‘you must make sure you have valid consent before starting any treatment or investigation’ and section 3.2.4, which says ‘you must always consider whether patients are able to make decisions about their care themselves’. As such, we have not seen any indications of service failure here.
22. The patient file does contain a consent document, signed by Mrs X, and treatment plan. This indicates Mrs X should have been aware of what treatment was planned for her husband.
23. Mrs X says she was forced to sign the consent document, and did so only after the procedure had taken place, before being allowed to leave the Practice. This is something the Practice disputes. We have considered this complaint that the Practice handled signing of the consent document poorly.
24. The Practice told us that the dentist explained the treatment options and potential risks and complications to Mr and Mrs X. Mr X provided verbal consent for the treatment to proceed. The dentist then asked Mr X to sign the consent forms before starting the treatment but, as Mr X was experiencing pain in his tooth, Mrs X offered to sign on his behalf. The Practice says Mr X gave verbal consent for his wife to do so, and she signed the consent forms on his behalf.
25. We have carefully considered whether we could reach any independent and impartial view here as to what happened, based on the evidence available to us. Having reviewed the evidence provided by both Mr and Mrs X and the Practice, we are not able to give a view on the balance of probabilities as to what took place. As such, we are not able to reach a view on this matter and so will take no further action.
26. We acknowledge Mrs X’s concerns and appreciate the important role she plays in supporting her husband’s care, and we hope we have clearly explained why we will take no further action here regarding the signing of the consent document. As explained previously, where the Practice’s obtaining of consent from Mr X directly is concerned, we have not seen any indications of mistakes.
Removal of teeth
27. Mr and Mrs X also complain the Practice should not have extracted any teeth from Mr X knowing he was taking the blood-thinning medication apixaban.
28. We considered this issue with the help of our Adviser. They told us that the guidance from the SDCEP (paragraph 16) grades dental procedures from ‘low risk’ to ‘higher risk’ for bleeding. They told us ‘higher risk’ does not imply a procedure is dangerous, just that it carries a greater risk of bleeding than a low-risk procedure. However, the risk of the procedure itself is still relatively low. A low-risk procedure would not need the patient to change their dose of apixaban and would include the removal of up to three teeth in a single visit, where the removal of the teeth was considered a simple extraction.
29. The guidance recommends that for a higher risk procedure the patient misses one dose of their medication before the procedure takes place and advises they may require stitching of wounds as a secondary precaution. This type of procedure would include:
• More complex surgical dental extractions.
• The removal of more than three teeth in a single visit.
• The removal of adjacent teeth.
30. Based on the SDCEP guidance, we explored whether the Practice followed that guidance correctly, as Mr X had four teeth removed.
31. After looking at the patient file and speaking with our Adviser, we can see the four teeth removed from Mr X were very loose and likely easy to take out. Our Adviser told us the extractions would have been relatively simple. Although two of the teeth were next to each other, our Adviser explained it would not have made sense to leave one behind, and the guidance provides recommendations that dentists must consider in addition to using their clinical judgement.
32. The clinical notes show the dentist packed and stitched the sockets after the extractions, which is in line with the guidance for reducing the risk of bleeding in patients on apixaban. Our Adviser also said that, based on the notes, Mr X was likely in pain from these teeth. As such, it would have been generally in keeping with the guidance and in Mr X’s best interests clinically for the dentist to offer treatment on the same day, especially if Mr X agreed to it.
33. Our Adviser explained that there is always a chance of bleeding after any tooth removal. Whilst the risk is higher for patients on blood-thinning medications, bleeding can still happen and is sometimes unfortunate but not a sign of a mistake by the dentist.
34. With the above in mind, it appears the care given to Mr X was appropriate, and generally in line with the provisions of the SDCEP guidance. Because the teeth were very loose this would have mitigated the risk, and it would likely have been more important to relieve Mr X’s pain. Our Adviser said this was a case of clinical judgement by the dentist, and they told us the judgement used in Mr X’s case was appropriate.
35. Therefore, we have not seen any indication of failings. Clinicians need to be able to use their judgement to balance the risks and make decisions that are in the best interests of the patient. We consider the dentist who treated Mr X acted appropriately and, for that reason, we have decided to take no further action.
36. From speaking to Mrs X, we understand how upsetting and stressful this experience has been for her and her husband, and we appreciate them taking the time to raise their concerns and speak with us. We hope our review and explanations have been helpful and provide some clarity.