Christopher Stephenson successfully represented a woman who had to learn to walk again after mouth infection spread to her brain

News

30/01/2017

Christopher Stephenson successfully represented a woman in the High Court last week in her claim against her former dentist for his failure to treat her over a period of 20 years. Holroyde J found that Dr Patel’s significant breaches of duty over a prolonged period of time caused her to develop gum disease which went untreated despite regular attendances upon him. The Claimant eventually developed an odontic abscess that seeded infection in her brain, causing a brain abscess which nearly killed her. Fortunately she made a good recovery from her neurological injuries, but lost 6 teeth that she would otherwise have kept.

The Judge accepted the Claimant’s case that but for the breaches of duty she would on the balance of probability have given up smoking and maintained good oral hygiene such that the disease would have stabilised. Further, the Judge accepted the alternative submission that the Dr Patel’s breaches of duty materially contributed to her injuries and that chronic adult periodontitis is an indivisible disease, although he decided the causation issue on the simple ‘but for’ test in the Claimant’s favour. The Claimant beat her own Part 36 Offer, with consequential costs awards made in her favour.

Read the news here.

Featured Counsel

Latest News & Events

The Dekagram: 19th May 2025

In this week’s edition Linda Nelson examines how and when to serve surveillance evidence, and how and when to respond to it; and John Schmitt asks whether it’s necessary to have a claim form re-sealed if it’s been amended prior to service, and urges caution…

The Dekagram: 12th May 2025

This week Thomas Yarrow revisits the vexed question of the use of artificial intelligence in legal research – and our intrepid reporter finds that it’s not all it’s cracked up to be. In fact the experience led him to such depths of despair that he…

The Dekagram: 6th May 2025

This week Ben Rodgers relays two tales from the coalface, both relating to applications to resile from admissions. Readers will be interested to know that in both cases the court applied the balance of prejudice test with the result that the defendants’ applications were refused….

Subscribe to our mailing list

Deka Chambers: 5 Norwich Street, London EC4A 1DR

© Deka Chambers 2025

Search

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)