The orthodontist did not put the band down far enough on back molar when the braces were put on, even after i told him I was hitting the band before biting down. After the braces & band were removed, I was biting down on the right side of my mouth first and i told him so but he still did nothing. Two weeks later, I started having TMJ symptoms: severe headaches at the temples, my bite felt off, I heard pounding in my ears, severe tension in my neck & shoulders, nausea, and difficult to work. I've told the orthodontist & he is basically denying any of my symptoms are related to the orthodontic work.
If the medical provider refuses to address the problem that you have brought to his attention, then it is time to see another provider to determine what the problem is and, hopefully, fix it. You should see a medical malpractice attorney about the bad work. And he may know providers who can give you a second opinion. Both the attorney and the second provider should ask questions about your work environment, home life, past medical issues, etc., in order to discover any other possible causes.
DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the reader may rely as the commenter has no actual knowledge of the facts of the case, has not interviewed persons or examined evidence, and has not researched the applicable law. The comment is based only on the facts provided, which are extremely limited, and may or may not be true. Complete defenses may prevent the success of any claim. Competent legal advice should always be obtained before taking any legal action or filing suit. Readers employ any information provided herein at their own risk.
Small claims court typically would not be a suitable forum for adjudicating a medical malpractice case. To prove malpractice, you would need expert opinion(s). Therefore, I suggest you speak with one or more medical malpractice attorneys first.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Yes you should consult with a medical malpractice attorney. Small Claims court is now jurisdictionally limited to $10,000 in damages. You could waive anything over the $10,000 but there are more problems in using this forum that will probably prove problematic. An expert is needed to establish the standard of care and determine if in fact malpractice was committed by the orthodontist. In small claims court getting discovery for your expert to review is difficult if not impossible.
So consulting with a medical malpractice attorney would certainly be your best first step.
The communication above is provided for informational purposes only. It is not legal advise and does not create an attorney client relationship with anyone. Please consider the information above and get competent legal advise from your trusted advisor.
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