Recent Cases
8 July, 2025
James Gallagher v Jamie Clement [2025] SC EDIN 35
Ampersand’s Scott Clair acted as sole counsel for the successful defender and dental practitioner in this clinical negligence case, in relation to an attempted, failed extraction of the pursuer’s wisdom tooth.
The defender had proceeded to attempt extraction on the basis of a ‘periapical’ radiograph, a form of radiograph which carries a low dose of radiation. The pursuer however argued that it was negligent for the defender to attempt extraction without first obtaining an ‘orthopantomograph’ (‘OPG’) radiograph, a form of radiograph which would have exposed the pursuer to a higher dose of radiation instead. Following the failed extraction, the defender provided the pursuer with worsening advice and immediately referred the pursuer on for surgical extraction. In addition, the pursuer argued that the defender was obligated, notwithstanding the referral that had been made, to follow up with the pursuer which, the pursuer maintained, would have identified that he was developing an infection which could thereby have been prevented.
The defender was successful in the proof before Sheriff Walls. The sheriff found that there was neither a standard dental practice of taking an OPG radiograph prior to the extraction of the tooth in question; nor was there was a standard practice for mandatory follow up of a patient who had been given advice on worsening symptoms and referred to secondary surgical care. In any event, were there such standard practices, it could not be said that the defender had acted as no other ordinarily competent dentist would have acted if exercising ordinary skill and care. The sheriff also found that had negligence been established, the case would have failed on causation.
The judgment of the National Personal Injury Court can be found here.