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Decisions matching the current search
The Court of Appeal dismissed an appeal in a dental informed-consent case, holding the trial judge could find chronic nerve pain after a root canal was not a material risk requiring disclosure.
The trial judge correctly found no negligence because accepted expert evidence established that the jaw fracture was a known, very rare complication and that the respondent met the standard of care; the circumstances did not meet the threshold to draw an adverse inference and there was no palpable and overriding error in the trial judge's findings.
Source excerpt
Trial judgment dismissing a dental negligence claim arising from a root canal, with the court finding no proof that the defendant caused the ulcers or sensory loss.
The Court of Appeal found the trial judge misapprehended key expert evidence in a dental negligence case and ordered a new trial on liability.
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