Dentist wins legal battle

Allegations against practitioner were defamatory

A DENTIST who sued a former patient for £50,000 over allegations that false claims against him damaged his professional reputation has won the groundbreaking case.

Keith Watson lodged the defamation action against Andrew McIntosh relating to claims that led to him being investigated by the dental industry’s governing body.

Mr McIntosh made a series of allegations about Mr Watson’s professional conduct and the case was taken to a full hearing by the General Dental Council (GDC).

Mr Watson was subsequently cleared of all misconduct and later lodged a £50,000 defamation damages claim at Perth Sheriff Cour t. The court has now confirmed decree has been granted in the dentist’s favour.

Mr Watson, who is now working at a different dental practice, said: “Mr McIntosh deserves what’s coming to him. He is a very nasty character.” He declined to comment further.

In the action, he said he had “suffered injury to his feelings, standing and professional reputation as a result of the false and defamatory allegations made against him.”

He said the unfounded claims against him had damaged his reputation because they had been reported in the press when the case was heard by the GDC.

Mr Watson had only recently graduated from Dundee University and started working at Discovery Dental Centre in Dundee when he took on Mr McIntosh as a patient.

Mr McIntosh had not been to the dentist for several years and his teeth were described as being in a poor condition when Mr Watson agreed to carry out a course of treatment.

According to the writ lodged at court: “During the final visit on 13 April 2010 Mr McIntosh became aggressive and abusive towards the pursuer. He was asked to leave the surgery.

“He contacted police and made false, inflammatory comments to them about the pursuer. He contacted the General Dental Council.

“He stated the treatment afforded to him was rough. He claimed the pursuer began shouting and swearing at him and that he was assaulted by the pursuer who pushed him to the door of the surgery.

“The General Dental Council held a hearing on 2 September 2010. The pursuer was exonerated of all allegations against him. Each and all of the allegations were untrue and defamatory.

“The statements caused, and continue to cause, distress. The allegations have caused him considerable personal and professional upset. He left the practice and went to one outside Dundee to pursue his career.”

Mr McIntosh, from Invergowrie, Perth and Kinross, had told the hearing his dentist had been “verbally aggressive and inappropriate” and told him to shut up or “get the f*** out” when he complained of pain during treatment.

He claimed he had been left in tears because the dental surgeon had laughed at him and called him a “moaner” during the incident.

“I was trying to gesture to him but he and the nurse seemed to think it was funny I was in so much pain. I could see them laughing,” Mr McIntosh said. “I told him this was the worst treatment I have ever had in my life and asked him why I was in so much pain. I told him the treatment was disgraceful and the pain was excruciating.”

But the panel ruled that Mr McIntosh was an “unreliable witness” and cleared Mr Watson of misconduct.

The GDC’s professional conduct committee said none of the allegations made by Mr McIntosh had been proven. After being cleared, Mr Watson, of Dundee, said he had feared his patients would believe the allegations.

“I am very relieved that the allegations made against me were found by the GDC to be untrue and I am grateful to them for realising that the patient was not a credible witness and his evidence was unreliable.”

The GDC can use a range of punishments if a dentist is found guilty of misconduct, the most severe removing them from the Dental Professional Register. Music promoter Mr McIntosh was unavailable for comment.

‘‘ I am grateful to them for realising that the patient was not a credible witness