The Appellate Division of the Supreme Court of New York, First Department, upheld the ruling of a lower court that sufficient factual question had been raised to warrant a trial. The ruling has no bearing on innocence or guilt relating to the matter.
According to the 6/10/10 issue of States News Service, Dr. Hadley Bach is accused by former patient Freya Koss of using bulk amalgam for a restoration that allegedly resulted in mercury poisoning. Koss, an avowed anti-amalgamist based in Pennsylvania, claims that Bach "deviated from accepted standards of care by employing an amalgam that contained mercury, resulting in the patient suffering mercury poisoning, rather than using a pre-mixed, precapsulated amalgam filling."
READ MORE DENTAL MALPRACTICE LEGAL NEWS
The court considered that the experts "relied on such objective factors as the failure to use pre-mixed dental amalgams, and the high levels of gaseous mercury that the vapor testing found in Plaintiff's mouth."
The American Dental Association (ADA) released the statement, noting that last year the ADA Council on Scientific Affairs reinforced the Association's long-held position that "dental amalgam is considered a safe, affordable and durable material that has been used to restore the teeth of more than 100 million Americans."
It is not known when proceedings will commence with regard to a trial alleging dental malpractice.