March 16, 2020
The recent case of Ramhdean-v-Agedo and The Forum Dental Practice Limited is one which all practice principals need to be made aware of, as the judgement could have far-reaching implications for the dental profession and how NHS dental services are provided in the future.
Forum has been found to owe a non-delegable duty of care to an NHS patient and be vicariously liable for the associate dentist’s treatment. Dental practitioners working outside a hospital setting are usually self-employed, operating independently from the practice or practices where they work. As a result of this, dentists are required to have their own professional indemnity or insurance.
Miss Ramdhean was referred to Dr Agedo by her general dentist, as she needed a wisdom tooth extracting and he did not have the expertise to carry out the procedure.
Judge Belcher at the County Court in Leeds determined that the particular facts of the relationship between the claimant, Dr Agedo as the treating dentist, and The Forum Dental Practice Limited (‘FDPL’) were such that she could find not only that FDPL owed the claimant a non-delegable duty of care, but was also vicariously liable for any negligent treatment Dr Agedo.
The implications of this ruling are that patients who suffer injury as a result of negligent dental work may be able to recover compensation from the dental practice, in situations where the dentist has moved on or the insurer refuses to provide cover.
If you think you may be affected by this ruling please contact Jonathan at Prosperity Law on 0161 667 3686 or Jonathan.firstname.lastname@example.org for some free advice.