What are my rights if I went to a holistic dentist who gave me a list of the precautionary steps they took with mercury removal but did not follow them?

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What are my rights if I went to a holistic dentist who gave me a list of the precautionary steps they took with mercury removal but did not follow them?

These steps are the reason that I chose to go to them. I went for my 1st appointment and when we were finished I asked about the removal because I never got any of the precautionary measures previously discussed. They said it would all be done with the next visit. Upon coming home I look and the mercury is gone from that side. They lied to me about doing it and didn’t take any of the precautionary steps. This concerns me for my health and my nursing son and makes me feel like I cannot trust them at all. Do I have a case to sue them?

Asked on May 19, 2013 under Malpractice Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you or your child have actually been sickened or injured, you would very possibly have a good basis to sue for malpractice. However, in the U.S. legal system, in the vast majority of cases, you can only recover compensation for physical injury or economic loss/cost, not for potential hazards that did not materialize, or for the emotional strain of wondering if you were injured. Thus, if you are fortunate enough, as we hope, to not suffer any injury to yourself or your son, and to not incur significant medical costs, there is no point in suing--you would spend far more on the lawsuit then you could recover.


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