Fill and Sign the Answer and Defenses Form

IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI , PlaintiffVS.Cause No. , Defendant ANSWER AND DEFENSES COMES NOW the Defendant, , by and through his/her attorney of record, and files this his/her original Answer to Plaintiff's Complaint herein as follows: FIRST DEFENSE The Complaint fails to state a cause of action against this Defendant upon which relief can be granted. SECOND DEFENSE This Defendant hereby invokes, alleges and incorporates each and every defense available to him/her as set forth in the Mississippi Rules of Civil Procedure, Rule 12(b)(l-7), and by virtue thereof, demands that the Complaint herein be dismissed. THIRD DEFENSE ANSWER AND NOW, without waiving the above defenses, answering the Complaint, paragraph by paragraph, the Defendant, , responds as follows: I. In response to the allegations contained in Paragraph 1 of the Complaint, this answering Defendant admits the allegations contained therein. II. In response to the allegations contained in Paragraph 2 of the Complaint, this answering Defendant admits the allegations contained therein. III. In response to the allegations contained in Paragraph 3 of the Complaint, this answering Defendant admits that he/she saw the Plaintiff on or about , 20 ; however, this Defendant denies each and every remaining allegation along with each and every legal conclusion. IV. In response to the allegations contained in Paragraph 4 of the Complaint, including subparagraph letters (a) through (d), this answering Defendant denies each and every material allegations along with each and every legal conclusion. V. In response to the allegations contained in Paragraph 5 of the Complaint, this answering Defendant denies each and every material allegation along with each and every legal conclusion. VI. In response to the first unnumbered paragraph following paragraph 5 of the Complaint, beginning with the word "WHEREFORE," this answering Defendant denies he/she is indebted to the Plaintiff in any sum whatsoever. VII. This answering Defendant specifically denies each and every material allegation of the Complaint which has not heretofore been specifically admitted regardless of paragraph number or lack there of, or paragraph letter or lack thereof, or subparagraph number or lack thereof, or subparagraph letter or lack thereof, and this answering Defendant specifically denies he/she is guilty of any negligence of dental malpractice in any manner or on any basis. denies that he/she is indebted to the Plaintiff in any amount whatsoever; denies he/she is liable for any interest herein; denies he/she is liable for any costs herein; and denies he/she is liable to Plaintiff for any amount whatsoever under any theory of alleged liability and purported damages arising there from. FOURTH DEFENSE At all times pertinent hereto, this Defendant possessed a reasonable degree of learning, skill, experience and knowledge as is ordinarily possessed by a minimally competent dentist in the United States engaged in the same profession under like or similar circumstances. FIFTH DEFENSE At all times pertinent hereto, this Defendant exercised that reasonable and ordinary care and diligence in the assertion of his/her learning, skill and experience, and knowledge as is ordinarily exercised by other minimally competent physicians in the United States engaged in the same profession under like or similar circumstances. SIXTH DEFENSE If any injuries or damages suffered by were proximately caused by the acts and omissions of any persons, such injuries and damages were proximately caused by the acts and omissions of a person or persons other than and is not liable in any way to Plaintiff. SEVENTH DEFENSE This Defendant would plead that the actions and/or omissions of the Plaintiff, , proximately caused or proximately contributed to, the injuries and/or damages Plaintiff complains of and that he/she is not liable to the Plaintiff in any manner whatsoever.WHEREFORE, PREMISES CONSIDERED, the Defendant, , prays and demands that he/she be dismissed with prejudice and that all costs herein be assessed against Plaintiff. Respectfully submitted,_______________________________________ Attorney for Of counsel: Telephone: MSB # Attorney for ____________________________________OF COUNSEL: CERTIFICATE OF SERVICE I, , attorney for Defendant, , hereby certify that I have this day caused to be mailed by United States mail, postage prepaid, true and correct copies of the above and foregoing document upon , This the day of , 20 ___________________________________