Guest guest Posted December 26, 2008 Report Share Posted December 26, 2008 hi,I'm seeking a lawyer for a case of dental/root canal disabling me. I'm about to do some root canal redo or extract it, and want to find out what kinds of tests are needed for legal things before I do this. Are tehre any lawyers that specializer in both medical and dental things and maybe also chemistry? thanks, amy [MODERATOR: This is OFF-TOPIC, it is not treatment, see the Disinissues/ to discuss. It is **UNLIKELY** that you will be successful in legal action unless it was very badly done by the standards of Dentists. It may have been perfectly done and made you disabled. For example, amagams if worked on could release mercury which leads to a multitude of health issues --- however, not every patient will suffer this response. A dentist that uses rubber dams, etc to minimize risk on amagamss does not make one that does NOT do this liable --- failure to do BEST CARE instead of REASONABLE CARE is not actionable (i.e. will be dismissied by a judge). The key is to be able to claim " improperly performed dental work " , with proper being current standards. or more precisely: 'the plaintiff shall have the burden of proving by substantial evidence that the health care provider failed to exercise such reasonable care, skill and diligence as other similarly situated health care providers in the same general line of practice, ordinarily have and exercise in a like case' http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=al & vol=1980850 & invol=2 If a medical person acts " reasonably " by the standards of the day -- it is unlikely that any lawsuit will win. They are assumed NOT to be all-knowing or incapable of reasonable error. This actually means that CFIDS-aware MDs are at legal risk if they prescribe anything that a conventional MDs would not prescribe. ] Quote Link to comment Share on other sites More sharing options...
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