Are you aware that financial institutions could be equally liable for clinical and professional negligence claims?
Section 75 of the Consumer Credit Act 1974 (“CCA”) is often overlooked in practice for clinical and professional negligence claims, the case of Bailey v Bijlani is an example of where Section 75 was used successfully against the creditors of a dental treatment that was negligently performed.
Bailey v Bijlani is a serious dental negligence claim where the claimant sought dental implants from a private dentist, but these implants were incorrectly placed, causing significant harm to surrounding teeth.
But here is where Section 75 of the CCA was interestingly used and can be used as an important reminder. Not only was the dentist held responsible, but the credit card company that financed the procedure was equally liable for the damages. This was seen as a major victory for consumers, as it showed that financial institutions can be held accountable when services they finance go wrong.
It is important for legal professionals and claimants to know how they can utilise Section 75 of the CCA into their own claims. This provision holds a financial institution liable when the claimant used their credit card to pay for a service, such as medical or dental treatment, and suffers damages due to a misrepresentation or breach of contract by the service provider. In the case of Bailey v Bijlani, the claimant used their credit card to pay for dental treatment, and after experiencing significant harm due to the dentist’s negligence, they were able to claim against the credit card company under Section 75 of the CCA, as the company was deemed jointly and severally liable for the damages.
This case sets a powerful precedent. It reinforces that healthcare professionals must adhere to the highest standards, but also shines a light on the importance of consumer protection laws, like Section 75 of the CCA, which should be used as a key precedent for anyone seeking redress for defective services.
Moving forward, with the growing awareness of these protections, there could be a shift in the way both consumers and financial institutions approach medical services, as well as greater emphasis on holding professionals accountable for their actions.
More cases in the future, may see an increased use of Section 75 of the CCA and a broader application of liability in medical negligence, affecting both the legal landscape and consumer expectations.
Here at BTMK we have specialists who can assist you if you have suffered poor medical or dental treatment. Please do not hesitate to contact us on 03300 585 222 to speak to one of our team who can help.
Connor Green
Apprentice Graduate Solicitor in the Personal Injury & Clinical Negligence team at BTMK Solicitors
