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Carter v. Haygood1/19/2005
ising the issue that plaintiff did not meet his burden of proof, because Dr. Bolton's testimony does not prove that defendant's conduct fell below the standard of care in defendant's community under similar circumstances.
Therefore, based on the testimony of the other dentists that a probe was not necessary to diagnose gum disease under the facts of this case, I would affirm the court of appeal's finding that plaintiffs failed to prove that Dr. Haygood committed malpractice.
For the foregoing reasons, I respectfully dissent.
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