Radeke v General Dental Council

Radeke v General Dental Council

The Panel was wrong to conclude that Dr Radeke had perjured himself at the inquest; the evidence did not support a finding of dishonesty or misleading statements regarding ASA status, except for the inaccurate assertion about the sedation nurse ticking the ASA box, which was not materially misleading.

Source-derived case information.

Parties
Claimant: Dr Radeke; Defendant: General Dental Council
Jurisdiction
England and Wales
Judgment Date
24 March 2015
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part; sanction of erasure quashed; matter remitted for reconsideration of sanction by a differently constituted panel.
Legal Topics
Dishonesty, Fitness to Practise, Erasure From Register, Clinical Assessment, Misconduct
Professional Discipline Medical Law Dishonesty Fitness to Practise Erasure From Register Clinical Assessment Misconduct

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Dr Radeke

Claimant

General Dental Council

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Dr Radeke was dishonest in his evidence to the Coroner regarding ASA status assessment
  2. 2 Whether factual findings of dishonesty and clinical failings were justified
  3. 3 Whether sanction of erasure was appropriate

Ratio Decidendi

The Panel was wrong to conclude that Dr Radeke had perjured himself at the inquest; the evidence did not support a finding of dishonesty or misleading statements regarding ASA status, except for the inaccurate assertion about the sedation nurse ticking the ASA box, which was not materially misleading.

Court Disposition

Appeal allowed in part; sanction of erasure quashed; matter remitted for reconsideration of sanction by a differently constituted panel.

Orders

  • Sanction of erasure quashed
  • Matter remitted to a differently constituted panel for reconsideration of sanction