Membership information 1800 444 542
Dentolegal advice 1800 444 542

Minimally invasive management of caries

09 January 2019
A patient attended an appointment, where the dentist’s examination and bitewing radiograph identified caries beneath a pre-existing amalgam filling. The patient returned two weeks later for an appointment for a filling to be placed on tooth 34. The patient’s notes record that the tooth was restored with a distal reinforced glass ionomer cement (GIC) placed under local anaesthesia. The patient was warned of postoperative sensitivity and occlusion was checked. The patient was advised to return for a review six months later.

The patient subsequently complained to the practice, reporting that they had experienced discomfort the day after the filling was placed. The filling had cracked and so the patient attended another practice and was told there was a dark shadow beneath the filling and that decay was present. The patient was concerned that the filling had failed and that decay had been missed. The dentist was a member of Dental Protection and contacted them for advice.

The member was newly qualified and had been taught techniques of minimal intervention dentistry. This is a recognised, evidence-based approach that preserves tooth structure and allows removal of infected dentine with hand instruments and the placing of fillings over affected dentine. It uses GIC to allow remineralisation of the previously demineralised tooth structure. The approach requires focus on careful case selection, cavity design and control of risk factors.

The member’s view was that all soft decay had been removed and clarified that, in circumstances where there was a risk of nerve exposure, it was her practice to use a stepwise technique for the removal of caries and leave a layer of discoloured dentine. The treatment plan was then to review the tooth at a later date once reparative dentine had been laid down, and replace the restoration at that point to reduce the risk of endodontic treatment being required.

The member responded to the complaint, explaining the clinical procedure and advising that the filling would have been replaced free of charge had the patient returned to the practice. The patient responded that the approach taken to treating the tooth had not been explained to her and she was concerned that the filling had failed and required replacement so soon after being placed.

A further response was made to the patient apologising for the lack of clarity in the advice given and the situation was resolved with the patient accepting a refund of the cost of the original restoration. The patient returned to see the dentist six months later and a definitive restoration was placed.

Learning Points

  • This case emphasises the need to ensure clear communication with the patient, and to document the information shared in the patient’s records, along with the treatment plan and rationale. With a minimal intervention approach the records should document that the patient is made aware of the need for regular review, likely repeat bitewings, and the focus on preventing decay with fluoride, dietary advice and good oral hygiene. Patients should also be made aware that GIC fillings may need replacement and may not be recognised as a permanent restoration.
  • If the case had progressed to a clinical negligence claim and caries had been identified on the x-ray, and if the patient’s records had not demonstrated that a clear discussion had taken place with the treatment approach and the patient’s consent to this, then there may have been some vulnerability to an allegation of failure to diagnose and manage caries appropriately.

These case studies are based on real events and provided here as guidance. They do not constitute legal advice but are published to help members better understand how they might deal with certain situations. This is just one of the many benefits Dental Protection members enjoy as part of their subscription. 
For more detailed advice on any issues, contact us

© 2010-2023 The Medical Protection Society Limited

DPL Australia Pty Ltd (“DPLA”) is registered in Australia with ABN 24 092 695 933. Dental Protection Limited (“DPL”) is registered in England (No. 2374160) and along with DPLA is part of the Medical Protection Society Limited (“MPS”) group of companies. MPS is registered in England (No. 36142). Both DPL and MPS have their registered office at Level 19, The Shard, 32 London Bridge Street, London, SE1 9SG. DPL serves and supports the dental members of MPS. All the benefits of MPS membership are discretionary, as set out in MPS’s Memorandum and Articles of Association.
   
“Dental Protection member” in Australia means a non-indemnity dental member of MPS. Dental Protection members may hold membership independently or in conjunction with membership of the Australian Dental Association (W.A. Branch) Inc. (“ADAWA”).
    
Dental Protection members who hold membership independently need to apply for, and where applicable maintain, an individual Dental Indemnity Policy underwritten by MDA National Insurance Pty Ltd (“MDANI”), ABN 56 058 271 417, AFS Licence No. 238073. MDANI is a wholly-owned subsidiary of MDA National Limited, ABN 67 055 801 771. DPLA is a Corporate Authorised Representative of MDANI with CAR No. 326134. For such Dental Protection members, by agreement with MDANI, DPLA provides point-of-contact member services, case management and colleague-to-colleague support.
    
Dental Protection members who are also ADAWA members need to apply for, and where applicable maintain, an individual Dental Indemnity Policy underwritten by MDANI, which is available in accordance with the provisions of ADAWA membership.
   
None of ADAWA, DPL, DPLA and MPS are insurance companies. Dental Protection® is a registered trademark of MPS.

Before making a decision to buy or hold any products issued by MDANI, please consider your personal circumstances and the Important Information, Policy Wording and any supplementary documentation available by contacting the DPL membership team on 1800 444 542 or via email.