22 April Case Updates Not a bridge too far – dental negligence Causation, Dentistry, Consent, 11. Report Writing, 10. Records Assessments and Site Visits, Bridge, Implant, Ischaemic Colitis, NSAID The detail of this case is of relevance to dental experts and attention is drawn to the clarity and particularity with which Professor Harding set out the instances of treatment of the Claimant which was below the standard she could reasonably have expected and then identified the consequences thereof. There is a gastroenterological and pharmacological dimension to the case because it was alleged, and found, that the pain resulting from the negligent dental treatment necessitated treatment with NAISDs which caused ischaemic colitis. Bailey v Bijlani [2025] EWHC 175 (KB)
28 January Case Updates Consent – post-Montgomery Clinical negligence, Dentistry, Consent, 06. Rules and Regulations Although this is a dental/maxillofacial negligence case, it is of importance for all healthcare experts instructed in cases where consent may be an issue. It highlights points about which experts should enquire when there may be an issue as to consent to a surgical or other procedure. In this case it was found that the consent process was deficient in a number of respects. It is also a case which illustrates how expert evidence can separately assist the court on the issues of breach of duty, causation, condition and prognosis. Winterbotham v Shahrak (Rev1) [2024] EWHC 2633 (KB)
22 January Case Updates Expert witnesses must not act as advocates for the party instructing them Expert evidence, Judicial critism, Dentistry, Credibility of expert, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence, 16. Criticism and Complaints An expert witness must be careful not to step over the boundary between being an independent expert and an advocate for the party instructing them. Balachandra v The General Dental Council [2024] EWHC 18 (Admin) (10 January 2024)
7 February Case Updates Robinson v Liverpool University Hospitals NHS Trust v Mercier [2023] EWHC 21 (KB) Dentistry, Maxillofacial surgery, 11. Report Writing, 15. Giving Oral Evidence “Successful appeal against third party costs order made against expert.”