Prosperity Law
  • Home
  • About Us
  • Services
    • Conveyancing
    • Commercial Disputes
    • Commercial Litigation
    • Commercial Property Law
    • Corporate And Commercial
    • Debt Recovery
    • Employment Law – Individuals
    • Employment Law – Businesses
    • Healthcare Services
    • High Net Worth Clients
    • Insolvency Law
    • Intellectual Property
    • Settlement Agreements
  • Notary Public
  • Clients
  • Our People
  • Blog
  • Contact Us
  • Tel: 0161 667 3686, 0151 958 0057

Changing the mould for Dental negligence cases

Home / Blog / Healthcare / Changing the mould for Dental negligence cases
March 16, 2020
by para
Healthcare

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.jacobs@prosperitylaw.com for some free advice.

DentalNHS
Share
Previous Post
New legal obligation to provide paid bereavement leave
Next Post
Statutory Rates Changes & Payroll Update 2020/2021

Related Articles

11 September 2020
  • Healthcare, Solicitors
FINEST DENTAL – UPDATE & SUPPORT FOR PATIENTS
14 July 2020
  • Covid-19, Employment
NHS England Dentistry Update 13th July 2020
10 July 2020
  • Covid-19, Law, News
Update – The Financial Impact on Dental Performers
Categories
  • About
  • Copyright
  • Covid-19
  • Employment
  • Events
  • GDPR
  • Healthcare
  • Insurance
  • Law
  • News
  • Notary Public
  • Solicitors
  • Tax
  • Uncategorized
MANCHESTER OFFICE

Vantage Point 4, Hardman Street, Spinningfields, Manchester, M3 3HF
Opening Hours: Mon-Fri 9am- 5.30pm

Get Directions

Tel: 0161 667 3686

Follow Us
Useful Links
  • Home
  • About
  • Services
  • Our People
  • Blog
  • Contact Us
Latest News
  • What Now for the Dental Landscape in Lockdown No.3?
  • Prosperity Law Liverpool Appoints New Partner
  • Property Team New Senior Associate, Sara Best

Copyright Prosperity Law © 2020. All Rights Reserved Sitemap Prosperity Law LLP is a limited liability partnership registered in England and Wales (number OC340697) authorised and regulated by the Solicitors Regulation Authority (SRA 533585). whose registered address is at The Office Suite Top O’Th Hill Farm, Meadowhead Lane Norden, Rochdale, Lancs, OL11 5UL. A list of members is available at each office.

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish.Accept Privacy Policy
Privacy & Cookies Policy

Necessary Always Enabled