Neutral citation:
[2020] 1 WLUK 406
Judge:
Her Honour Judge Belcher, County Court, Leeds
Counsel:
Mr William Poole (instructed by Atherton Godfrey LLP) for the Claimant
Mr Michael Hill (instructed by Applebys) for the Second Defendant
Hearing Dates:
10 and 11 October and 16 December 2020
Date of Judgement:
28 January 2020
Subject:
Negligence, Dentistry
Experts in the case:
n/a
Successful party:
Claimant
Legal cases considered:
Woodland v Swimming Teachers Association & Others [2013] UKSC 66; Farraj v King’s Healthcare NHS Trust [2009] EWCA Civ 1203; Barclays Bank plc v Various Claimants [2018] EWCE Civ 1670; Cox v Ministry of Justice [2016] UKSC 10; Mohamud v WM Morrison Supermarkets PLC [2016] UKSC 11; Armes v Nottinghamshire County Council [2017] UKSC 60; The Catholic Child Welfare Society v The Institute of the Brothers of the Christian Schools [2012] UKSC 56; Whetstone v MPS [2014] 1024 QB
Guidance Referred to:
n/a
Case Summary:
The case concerned the alleged negligent removal of a wisdom tooth and a failure to remove the roots of the tooth leaving the patient with a loss of sensation around the mouth. The Dentist was working for The Forum Dental Practice Ltd as an independent contractor. The Dentist originally had insurance but failed to notify his insurers of the potential claim and they cancelled the insurance in terms of the policy. His whereabouts at the time of the trial were unknown.
By Order dated 28/11/2018 the District Judge ordered a split trial and the first issues to be decided where (i) whether the Dental Practice owed to the claimant a non-delegable duty of care in relation to the advice and treatment provided by Dr Agedo, (ii) whether the dental practice is vicariously liable for any negligence which the claimant may subsequently prove against Dr Agedo.
The Dental Practice was found vicariously liable for the acts and omissions of the dentist. The practice had accepted patients as patients of the company and in doing so it had a duty to provide the patient with relevant dental services. They also made a profit. There was also a non-delegable duty of care.
