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What can I do about an ortho treatment gone horribly wrong?
San Francisco, CA
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Posted 9 months ago in Medical Malpractice
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My husband has been wearing braces for three years and his teeth are in the SAME condition they were when he started seeing his orthodontist. His contract stated treatment would be over in two years. He never gets an answer from the orthodontist as to what is going on with his treatment. He is however being charged additional fees because is treatment went over the 2 years. We went to another ortho for an opinion. She was shocked to find out how long he had been wearing braces, especially because of the condition his teeth are in. She suggested he have the braces removed and that he start ortho treatment all over again from the beginning. We don't currently have dental insurance but she said that because of the state his state are in she really recommends he find a new orto, pay out of pocket and get his teeth fixed.
What do we do? We looked up the dentist online and found BAD reviews from patients whose treatment was also extended without any improvement. HELP! - Is this your question? Add additional information Answers (2)
Norman Gregory Fernandez
This attorney is licensed in California.
Posted 9 months ago.
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If the orthodontist failed to act as an ordinary orthodontist in the community would, and as a result caused damages to your husband, then he has a case for malpractice.
The key is finding an expert orthodontist that will testify to this fact. 
Richard Scott Desaulles
This attorney is licensed in California.
Posted 9 months ago.
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You might have a case, but you will definitely need another orthodontist who will "step up" and testify that the first orthodontist failed to provide services that met a reasonable professional standard fo care.
But even if you do find another orthodontist willing to testify, there is always the possibility that your husband's orthodontist (and perhaps others hired as experts) will argue that the condition of your husband's teeth failed to improve due to reasons which have nothing to do with the orthodontist providing poor care. Unfortunately, these types of cases are extremely difficult to prove. Either way, I would suggest you have your husband go out and get a second opinion from another orthodontist not affiliated with the first. If the second opinion suggests that the first orthodontist was negligent, you may have a case. Good luck! |
