Teething Trouble With Factual Disputes

A recent case relating to alleged negligence on the part of a dentist highlights the difficulties when a case boils down to a simple factual dispute – who is more convincing, the patient or the dentist?  A judge must ultimately decide.

This situation arose in a recent case in the UK[1].  It related to the alleged negligent failure by a dentist, Mr Hughes, to refer for investigation a lesion in the lower left side of a patient's mouth.  It was alleged that Mrs Drabble, the patient, should have been urgently referred following an examination on 30 June 2008.  Following investigations, the patient underwent surgery in July 2009 to remove a tumour on the left floor of her mouth, extending into the lymph nodes.  She underwent radiotherapy and chemotherapy and fortunately made a good recovery.