Court case scrutinizes technology

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A court ruling in South Carolina related to the use of advanced technology like remote monitoring should be an eye-opener for dentistry. The commentary was published on May 26 in the American Journal of Orthodontics and Dentofacial Orthopedics.

In the case of Opternative Inc. v. South Carolina Board of Medical Examiners, the South Carolina Supreme Court upheld a law not allowing prescriptions for corrective eyeglasses to be based solely on automated platforms. The court determined that leaving clinicians out of the interaction circumvented the standard of care.

This ruling should hammer home that digital platforms are just one tool in a clinician’s box and not a replacement for clinical judgment, wrote author Dr. Laurance Jerrold, JD, a clinical professor of orthodontics at NorthWell Health in New Hyde Park, NY.

“I have never seen any court mention an assistant-patient relationship, nor a hygienist-patient relationship, nor a treatment coordinator–patient relationship, nor a remote monitoring device–patient relationship,” Jerrold wrote. “It is always a doctor-patient relationship.”

In recent decades, dentistry has experienced a noteworthy technological transformation, including clear aligners and AI-based treatment planning. These advances have made clinicians' profession easier and reduced the time needed to spend with patients, and remote monitoring has promised to make even better improvements.

However, Jerrold cautioned clinicians to remember that risk management professionals recognize that the doctor-patient relationship is the most vital factor when unhappy patients consider filing lawsuits. Whether or not optimal technology is used, losing that relationship may erase a clinician’s most important professional protection, Jerrold wrote.

Although no one is arguing that technology doesn’t have a place in the dental office, the concerns center on the degree to which tech is used, as well as maintaining professional identity.

Though clinicians outside the purview of South Carolina may not be bound by this court ruling, it still should be one that dentists remember, Jerrold wrote.

“There is a fine line between being a technological professional and being perceived as a mere professional technician,” Jerrold wrote. “If we are not careful, because of our reliance on technology, we risk crossing it.”

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