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Informed Consent and Amalgam Restoration Use

By: Carlos Arce

On August 25th, the State Surgeon General issued a statement highlighting the risks associated with the use of dental amalgam in routine fillings, specifically mercury exposure. While this is not a prohibition, it is a clear signal from the state’s top medical authority that dentists should take additional care in how they approach these restorations.

For Florida dentists, this statement has two key implications:

1. Heightened Duty of Disclosure
Patients should be made aware of the potential risks tied to amalgam use. This means engaging in a clear, documented discussion about mercury exposure, alternatives, and the rationale for selecting a specific restorative material. The Surgeon General’s acknowledgment of these risks raises the expectation that providers address them directly.

2. Risk Management and Liability
The best tool to demonstrate that you have fulfilled this duty is a well-drafted informed consent form. While such documents will not shield you from malpractice or negligence claims, they provide critical evidence of disclosure and communication. A consent form should outline the risks of amalgam, note available alternatives, and confirm that the patient had an opportunity to ask questions.

Practical Guidance

  • Review and, if necessary, update your existing consent forms to specifically reference amalgam risks.
  • Incorporate the Surgeon General’s findings into patient conversations, both verbally and in writing.
  • Train staff to reinforce these disclosures consistently across the practice.

Working with an informed consent document is not just a compliance step, it is the gold standard of risk management. It protects the provider by showing proactive disclosure, while also fostering openness and trust with patients.