13
Jun
11
Medical Law, Other Areas of Law, Professional Liability, Property, Chancery & Commercial
Another reason to fear the dentist

Another example of a claimant in a clinical negligence case failing to prove causation (this time,  against a dentist who was alleged to have caused the onset of infective endocarditis). In what looks like an important judgment, the court found that the treatment was such as a reasonable body of dentists could have recommended, so that it satisfied the test in Bolam and was therefore non-negligent. It also tackled head-on the issue whether there was a link between the treatment and the onset of IE, and found that on the balance of probabilities there was no such link. Finally it found that in any event the prophylactic treatment that the claimant alleged should have been given, would not have made any difference. The case is Wragg v Burnham, decided by the DCJ in Birmingham on 10th June. Angus Piper appeared for the defendant.


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