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Want to sue my dentist for posing as an orthodontist

San Francisco, CA |

I have been going to my orthodontist for my braces for almost 2 years now. a few months ago i found out that he is not actually a orthodontist but is only a regular dentist. i think this is legal but he certainly did not tell me upright when i agreed to receiving treatment that he was not an actual licensed orthodontist. im pretty sure none of his patients know that he is only a dentist. he also never told me how long i would have my braces on even though i asked him REPEATEDLY. for the past 6 months or more my teeth have looked exactly the same. I signed a contract in the beginning that said that they did not promise to make my teeth perfect but that doesnt mean that they can take my money and do NOTHING. i really want a refund. some help please

Attorney Answers 5


  1. Your current dentist must have done something that fell below the standard of care for you to have any damages. You need to have your braces examined by an orthodontist, and if they find anything wrong them you need to talk with a local dental malpractice attorney.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  2. Google "dental malpractice lawyer" to find a lawyer to help


  3. Your dentist may have a degree DDS like a dentist but you should also check into his experience and training beyond dental school. There may be extensive trains and or experience post degree.


  4. What does the sign on his office door say? if it says DDS, then you knew.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  5. To be successful, a claim for medical malpractice must have substandard care and then actual injury directly resulting from that substandard care... if a poser dentist (posing like an orthodontist) does orthodontics just like a real grown up orthodontist, then he or she will not likely be found liable for medical negligence... that said, the plaintiff could take a bite out of the defendant poser though suit for advertising violations, fraud, breach of contract, and other such claims. Plus, the dental board would not flash a bright smile upon such crooked behavior, and possibly even extract this poser's license.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law and does so anywhere in the State of California.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

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