>> Last night I ordered a diet cola in a restaurant.
>> The rest of my meal was zero carbs.
>>
>> The next morning my fasting reading was 30 points higher than
>> usual.
>>
>> I am beginning to think that the waitress served me a regular
>> cola.

Possible, but I don't think you have enough evidence of this.

>> This is my question.
>> Is the restaurant or waitress legally responsible if my health
>> was damaged by failing to serve me a diet cola as ordered?

How do you prove your damages? A single blood glucose reading alone
isn't much of an indication. If they did the same thing every day
for 10 years and you can prove this alone caused retinopathy which
requires expensive laser eye surgery, you'd have an actual medical
bill that wouldn't have otherwise happened.

>I don't think it is very likely that higher blood glucose readings
>in the morning have anything to do with what you ate for dinner
>the night before. Our diabetes educator and diabetes nurse say
>that, essentially, anything over 3 - 4 hours can be considered a
>fasting blood glucose level.

I was given the suggestion that eating an evening snack would make
my morning blood glucose *LOWER*. I didn't believe it, but I tried
it anyway. And it seems to work, by maybe 10-15 mg/dL. That much
on one reading wouldn't mean much, but it does seem pretty consistent.

>But, to answer your question, I would think that if you could
>prove that they gave you the wrong thing, they would be liable.

Gordon L. Burditt