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Bringing a case of negligence against a dentist for ineffective treatment
I would like to know if you would consider my circumstances worthy of litigation. My situation is that I have suffered from a chronic pain condition for many years, and after having seen many different practitioners I was finally recommended a dentist who suggested that he could treat chronic pain caused by dental “malocclusion”. While he was very careful in the wording of his correspondence with me, I never missed the opportunity to question him about the validity of his techniques in relation to pain, and he always recounted examples of previous patients who had benefited from what I now believe to be quackery. His treatment involved moving my teeth backwards and forwards using orthodontic appliances. After 5 years of this nonsense, I became very unsatisfied at the lack of progress. I have spent over 10k on the treatment, and in 2006 I had to leave full-time employment because my pain had simply gotten worse over the 5 years. I now live on disability and find myself in debt as a result of the time and money I wasted on this “treatment”, which a pain-consultant at the National Hospital completely debunked as quackery. Please let me know what you think of my case.
Unless you are able to show intentional fraud or deception it is very difficult to prove cases of this nature. Alternative therapies are often considered quackery by one person and genuinely helpful by another. Their effectiveness is often subjective.
To prove a successful case you would have to establish that you were promised certain results which did not transpire. Given that the conventional medical system appears unable to improve your condition it will be very difficult indeed to establish your case.
That said, there may be a case for arguing that he ought to have ceased offering treatment sooner rather than allowing 5 years without improvement. Check whether he holds insurance before considering a claim. Also check whether you have legal expense insurance to cover the cost of such action.
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