Rattan v Hughes – Case Note – Old Square Chambers
‘Are dental practices which service NHS General Dental Services Contracts liable for negligence by associate dentists whom they engage?’
Old Square Chambers, 4th February 2022
Source: oldsquare.co.uk
Category: dentists
High Court refuses permission for judicial review of CPR changes – Law Society’s Gazette
‘The High Court has refused permission for judicial review of changes to the rules governing applications for permission to appeal. A pharmacist struck off for improperly touching a patient’s breasts argued that changes to CPR 52.5 made in 2016, which generally requires the Court of Appeal to determine applications without an oral hearing, were unfair.’
Law Society's Gazette, 8th November 2021
Source: www.lawgazette.co.uk
Costs Order against Dental Expert who Showed a Flagrant, Reckless Disregard for his Duties to the Court – Ropewalk Clinical Negligence Blog
‘Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21 days to consider whether to pursue a third-party costs order (“TCPO”) against the expert.’
Ropewalk Clinical Negligence Blog, 19th October 2021
Source: www.ropewalk.co.uk
Ruling highlights risk of personal liability of partners in dental practices – OUT-LAW.com
‘A recent preliminary judgment by the High Court in London provides a stark reminder of the potential exposure for personal liability faced by partners in dental practices and the need for appropriate contractual protections to mitigate those risks.’
OUT-LAW.com, 15th September 2021
Source: www.pinsentmasons.com
Vicarious Liability and the Non-Delegable Duty in the Context of Dental Negligence Claims: Hughes v Rattan – Ropewalk Clinical Negligence Blog
‘For several years in the 2000s and 2010s, the law relating to vicarious liability and non-fault liability more generally was “on the move”. However, in the last couple of years, the case law dealing with non-fault liability has been far less fruitful for claimants (e.g. Barclays Bank Plc v Various Claimants [2020] UKSC 13; SKX v Manchester City Council [2021] EWHC 782 (QB)). So the decision of Heather Williams QC (sitting as a Deputy High Court Judge) in the case of Hughes v Rattan [2021] EWHC 2032 (QB) provides an early sign that the tide may be turning back in favour of claimants, at least in the context of medical negligence claims.’
Ropewalk Clinical Negligence Blog, 7th September 2021
Source: www.ropewalk.co.uk
Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case – UK Human Rights Blog
‘In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question. Was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS care provided by three different associate dentists. The preliminary issue was whether the practice owner was liable by reason of: a) a non-delegable duty of care; or b) vicarious liability. The Court answered: “yes” and “yes”.’
UK Human Rights Blog, 6th August 2021
Source: ukhumanrightsblog.com
Rachel Johnston: Neglect contributed to woman’s teeth removal death – BBC News
‘A disabled woman whose brain was starved of oxygen after an operation to remove all her teeth would probably have survived if care home staff acted sooner, an inquest heard. Staff at Pirton Grange Care Home, near Worcester, failed to spot Rachel Johnston was developing hypoxia. A coroner concluded neglect contributed to her death just over two weeks after she was taken to hospital.’
BBC News, 11th February 2021
Source: www.bbc.co.uk
The Care Quality Commission: an essential guide to its powers and processes – Henderson Chambers
‘The Care Quality Commission (“CQC”) is the independent regulator of health and adult social care in England at a time when this sector faces unprecedented scrutiny. However, the CQC’s role and purpose is not well understood. This note provides an essential guide to H&S and regulatory practitioners on the CQC’s powers and procedures in anticipation of widespread enforcement action as the COVID 19 emergency eases.’
Henderson Chambers, 25th June 2020
Source: www.hendersonchambers.co.uk
Union seeks legal immunity for NHS medics in pandemic – The Guardian
‘The NHS could be faced with billions of pounds of medical negligence claims if it does not grant some form of legal immunity to medics risking their lives during the pandemic, the government has been warned. The Medical Defence Union (MDU), which provides legal support to around 200,000 doctors, nurses, dentists and other healthcare workers, is calling for a debate over the need for emergency legislation.’
The Guardian, 19th April 2020
Source: www.theguardian.com
Dentist struck off after patient bled to death hours after he extracted ten of her teeth – Daily Telegraph
‘A dentist has been banned from practising for a year after one of his patients bled to death only hours after he extracted ten of her teeth.’
Daily Telegraph, 22nd October 2019
Source: www.telegraph.co.uk
NHS threatening millions with fines for validly claiming free prescriptions, investigation finds – Daily Telegraph
‘The NHS is harassing millions of vulnerable patients by threatening them with fines for validly claiming free prescriptions and dental treatment, an investigation has found.’
Daily Telegraph, 14th May 2019
Source: www.telegraph.co.uk
Fears vulnerable being deprived of treatment as fines of £100 for ticking wrong box soar in NHS ‘hostile environment’ – The Independent
‘A government “hostile environment” for misclaimed free prescriptions and dental care is being scrutinised by auditors after it was claimed vulnerable patients are being fined £100 for ticking the wrong box on forms they struggle to read. The National Audit Office has announced it is “undertaking an investigation into penalty charge notices in healthcare”, including the numbers issued and whether they are overturned.
The Independent, 30th January 2019
Source: www.independent.co.uk
Student accepts more than £10,000 after dentist incorrectly fitted braces on her teeth – Daily Telegraph
‘A university student has accepted more than £10,000 after a dentist incorrectly fitted braces on her teeth which she wore for four years.’
Daily Telegraph, 27th November 2018
Source: www.telegraph.co.uk
Age Assessment: Dental Assessments, Appearance and the Benefit of the Doubt – Garden Court Chambers
‘AS was born in Afghanistan. His father, who had worked as a commander in the police, was kidnapped by the Taliban. The family were later informed that he had been killed. The Taliban came looking for AS and it was decided that he should leave the country. He arrived in the UK on 7th September 2015 and claimed asylum. He was taken into the care of Kent County Council. His stated age of 15 was not accepted and an age assessment was undertaken, as a result of which he was found to be 17 with a date of birth of 7th September 1998. Judicial review proceedings were issued challenging this decision. During the course of proceedings, Kent changed its position and argued that he was most likely to be aged 24.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
Dentist fines: Mistakes over addresses hitting thousands – BBC News
‘Many fines incorrectly imposed after dental treatment are because of mistakes over patients’ addresses, says a health watchdog.’
BBC News, 24th October 2017
Source: www.bbc.co.uk
Retired dentist who tried to murder wife after falling victim to fraud spared jail as she begs judge not to send him to prison – Daily Telegraph
‘A retired dentist who tried to strangle his wife with a tie after he was conned out of £200,000 has been spared jail after she begged the judge not to send him to prison.’
Daily Telegraph, 7th February 2017
Source: www.telegraph.co.uk
Office sex dentistry lecturer struck off by General Dental Council – BBC News
‘A dentistry lecturer who had sex in his office has been struck off the General Dental Council register.’
BBC News, 24th January 2017
Source: www.bbc.co.uk
Home Office rules out ‘inaccurate, inappropriate and unethical’ dental checks to verify age of Calais refugee children – Daily Telegraph
‘The Home Office has ruled out calls for dental checks to verify the age of Calais migrants arriving in Britain because they are deemed “inaccurate, inappropriate and unethical”.’
Daily Telegraph, 19th October 2016
Source: www.telegraph.co.uk
Rogue dentist jailed for bungling operations – The Guardian
‘A “profoundly dishonest and utterly incompetent” unregistered dentist has been jailed for bungling operations and causing permanent harm to some of his patients.’
The Guardian, 18th September 2016
Source: www.guardian.co.uk
