QUESTION

Can I sue orthodontist if advised unnecessary extractions which caused bite problems?

Asked on Mar 08th, 2013 on Personal Injury - California
More details to this question:
I went in for orthodontic treatment because my teeth started leaning to one side (the left). My orthodontist advised me to get two teeth pulled (top and bottom) on the right so that my teeth would move to the right and be centered. Although I was concerned that would create too much space, she persuaded me that that was the only way to get my teeth centered. Recently, because I was having problems with the treatment, I requested a copy of my records, including my pre-treatment x-rays. Looking at them, it is obvious her original advice made no sense the roots of the teeth were exactly where they needed to be (just the bottoms parts of the teeth cleaned), so the extractions would cause too much of a gap on one side. Closing the gap lead to the front teeth moving over too far which should have been predictable looking at the x-rays. Worse, the extraction gap caused my molars to move into the gap unevenly, so that the top and bottom molars don't fit right and my bite/jaw position is messed up. We had actually talked about jaw/bite issues extensively prior to treatment because I had TMJ issues, and she said the treatment would help address that. But she let it slip that she didn't create mounted models at the beginning of treatment which I assumed is standard treatment in orthodontics, especially when teeth extractions and jaw issues are concerned.
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9 ANSWERS

Yes, you could sue her for malpractice if you can find an orthodontist who will testify in your favor against her. A good personal injury attorney can help you.
Answered on Mar 08th, 2013 at 11:07 PM

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Michael Eric Wasserman
An orthodontic negligence case requires review of all of the records and x rays to determine if there has been an error in diagnosis and the subsequent treatment that is planned. It is standard to take models, not necessarily mounted models, before orthodontic treatment has been initiated by the dentist. The damage as a result of the treatment would be determined by what treatment is necessary to complete your care. So, you certainly can sue the orthodontist if they they came to a improper diagnosis which resulted improper treatment. The issue has to be addressed by an orthodontic expert to determine if there is a claim and what damages, if any, are the result of it.
Answered on Mar 08th, 2013 at 9:30 PM

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Christian Joseph Menard
Whether you have a case for medical negligence will depend on what an independent medical expert says. In your case, an orthodontist. You need to take all your dental records, including copies of all x-rays taken by your treating orthodontist. Seek the opinion of another orthodontist. If his/her opinion is that there was negligence in your treatment, the next question is what damage/injury did that negligence cause you. If there was negligence and damage, then you have a case against your treating orthodontist. But, first you need to serve her with a Notice of Intent to Sue Health Care Practitioner. Good luck!
Answered on Mar 08th, 2013 at 8:17 PM

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Ronald A. Steinberg
Unless you are an orthodontist, your opinion doesn't mean much. If you can get a competent orthodontist to testify, then you can sue.
Answered on Mar 08th, 2013 at 7:48 PM

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Civil Litigation Attorney serving Fort Lauderdale, FL at Angelo "Tony" Marino, Jr., P.A.
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Probably. I do dental malpractice.
Answered on Mar 08th, 2013 at 2:26 PM

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James Eugene Hasser
If you can prove the dentists extractions violated proper dental protocol, you may have something there. You will have to find another dentist willing to testify to that.
Answered on Mar 08th, 2013 at 2:06 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You talk like you know what you are talking about as far as the practice of orthodontics is concerned. I doubt if you do. Instead of trying to second guess and blame the dentist, find you an orthodontist you can trust and pay him to review your xrays and your entire dental chart and ask him if he thinks there is malpractice. if he says yes and he is willing to go to court with you and say that you have the start of a case.it will be expensive and time consuming. So make sure you know what you are doing. no guessing
Answered on Mar 08th, 2013 at 2:06 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Dental malpractice cases are always difficult to prove, as well as expensive and time consuming. You will have to be able to prove a failure to conform to accepted practice, and resulting injury as well, and expert witness testimony is required for that reason. In order to be able to pursue the matter, the consequences would have to be severe enough to merit a substantial enough recovery to justify the time and expense.
Answered on Mar 08th, 2013 at 2:05 PM

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Monica Cecilia Castillo-Barraza
Cases like these require expert testimony. Perhaps you should get a second opinion before filing, but also be careful that the statute of limitations and notice periods have not run.
Answered on Mar 08th, 2013 at 2:05 PM

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