Caroline Bailey v Monica Bijlani & Anor

Caroline Bailey v Monica Bijlani & Anor

The First Defendant breached her duty of care by failing to properly assess the Claimant's suitability for implant treatment, failing to obtain informed consent, and negligently performing the procedure, resulting in pain, loss of teeth, bone loss, and ischaemic colitis. The Second Defendant is jointly and severally liable under section 75 Consumer Credit Act 1974. The breaches directly caused the Claimant's injuries and losses.

Parties
Claimant: Caroline Bailey; First Defendant: Monica Bijlani; Second Defendant: MBNA Ltd
Jurisdiction
England and Wales
Judgment Date
31 January 2025
Procedural Posture
Civil Negligence / Final Judgment After Trial
Outcome
Claim allowed against both Defendants; judgment for the Claimant on liability and quantum.
Legal Topics
Professional Negligence, Dental Malpractice, Informed Consent, Causation, Damages, Vicarious Liability, Consumer Credit
Tort Contract Consumer Protection Professional Negligence Dental Malpractice Informed Consent Causation Damages +2 more

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Parties

Caroline Bailey

Claimant

Monica Bijlani

First Defendant

MBNA Ltd

Second Defendant

Procedural Posture

Civil Negligence / Final Judgment After Trial

Legal Issues

  1. 1 Whether the First Defendant was negligent in providing dental treatment to the Claimant
  2. 2 Whether the Claimant gave informed consent to the dental procedures
  3. 3 Whether the Second Defendant is jointly and severally liable under section 75 Consumer Credit Act 1974

Ratio Decidendi

The First Defendant breached her duty of care by failing to properly assess the Claimant's suitability for implant treatment, failing to obtain informed consent, and negligently performing the procedure, resulting in pain, loss of teeth, bone loss, and ischaemic colitis. The Second Defendant is jointly and severally liable under section 75 Consumer Credit Act 1974. The breaches directly caused the Claimant's injuries and losses.

Court Disposition

Claim allowed against both Defendants; judgment for the Claimant on liability and quantum.

Orders

  • The Claimant is awarded general damages of £41,410.
  • The Claimant is awarded special damages of £46,253.30.