MEDIATION – WEIGHING UP THE CHALLENGES – EPISODE 4

Written by Graham Perry

Graham Perry M.A. Cantab FCIArb Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer

13 July 2022

MEDIATION #259

WEIGHING UP THE CHALLENGES

You reflect on the two outstanding issues. On the first, the medical negligence, you are less concerned. There are always patient complaints about treatment provided by dentists. You have looked at the papers – there is no expert opinion from a third party dentist to suggest there has been any negligence + the letters of complaint do have an element of vexaxtiousness about them + you are content not to pursue.

The allegations of sexual interference bother you more. There are two incidents involving the same underage girl who was seen without a nurse present. It is the case that the complaints were made after the second visit, not the first, and the girl returned of her own accord without either of her parents.. However, the dominant view is that the dentist was at fault for treating the girl without any nurse present once – let alone twice – and any suggestion that the patient may have been complicit carries little weight bearing in mind her age; that the dentist is a seasoned professional and aware of treatment rules – especially involving women and more so – young girls. He has to go.

The other major concern is the nature of the interest of the US investor. He will in effect become the boss – what is he like? Do I want to work for him? Are there commercial advantages that will accrue? Or is there a danger that the individual practices of the 12 dentists will become just a statistic within the reporting functions of the US conglomerate.

Clearly there are issues to discuss, the LD’s are not just parochial local practitioners. They do have ambition and enjoy the opportunity to grow their income but they worry about the nature of the reporting functions to the US Head Office and the degree of interference in their day-to-day work.

EPISODE 5. 13 JULY 2022

THE MEDIATOR HAS A SENSIBLE PROPOSAL

Episode

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