James Gallagher v Jamie Clement (National Personal Injury Court) [2025] SCEDIN 035 (04 July 2025)
The pursuer failed to prove the existence of a standard dental practice requiring an OPG prior to extraction of a fully erupted LL8 or mandatory follow-up after referral. Even if such practices existed, the defender's actions were not outside the bounds of ordinary skill and care. No reparable loss, injury, or damage was caused by the alleged breaches.
- Citation
- [2025] SCEDIN 035
- Parties
- Pursuer: James Gallagher; Defender: Jamie Clement
- Jurisdiction
- Scotland
- Judgment Date
- 04 July 2025
- Procedural Posture
- Personal Injury / Judgment After Proof
- Outcome
- decree of absolvitor in favour of defender
- Legal Topics
- Dental Negligence, Standard of Care, Radiographic Assessment, Post Operative Follow Up
Case Brief
Summary, issues, holding and outcome
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Parties
James Gallagher
Pursuer
Jamie Clement
Defender
Procedural Posture
Personal Injury / Judgment After Proof
Legal Issues
- 1 Whether failure to obtain an OPG prior to extraction breached standard dental practice
- 2 Whether failure to follow up after failed extraction breached duty of care
Ratio Decidendi
The pursuer failed to prove the existence of a standard dental practice requiring an OPG prior to extraction of a fully erupted LL8 or mandatory follow-up after referral. Even if such practices existed, the defender's actions were not outside the bounds of ordinary skill and care. No reparable loss, injury, or damage was caused by the alleged breaches.
Court Disposition
decree of absolvitor in favour of defender
Orders
- Pursuer's claim dismissed
- Defender assoilzied
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