As David stated, that's the reason the lady holding the scales is blindfolded. Same with the police. Their cars say "protect & serve" but their real mission is strictly to enforce the law.

If it helps to give you closure I suppose an appeal might be helpful but the courts decision and their legal logic are one of the reasons I didn't sue my dentist. There was no established pattern of recklessness.

I certainly, fully, empathize with you, having been a victim of lack of appropriate Dx or referal to an expert.