Can I file a lawsuit for orthodontic malpractice?

If your orthodontist makes an error when providing you with care, and that error causes you injury, then an orthodontic lawsuit may be an appropriate course of action. Just like any other doctor, dentists and orthodontists are expected to exhibit reasonable competence in their professions. If they fail to do this and if you are injured in some way, then it is only right you are able to collect damages. 

To sue your orthodontist for orthodontic malpractice, you will need to:

• Prove he was negligent. To do this, the care that he provided to you will be judged based upon what a reasonably competent and careful orthodontist would do in the situation. If no reasonably competent orthodontist would ever have done what your doctor did (either through making a mistake or failing to do something he should have) then the orthodontist can be considered to be negligent in the eyes of the law
• Prove that the negligence injured you or directly resulted in you suffering some type of damage. For example, if the result would have been the same if the orthodontist were careful, you may not sue. However, if his actions caused you to suffer an injury or additional medical costs or pain and suffering, then you may be able to collect your damages. 

Provided you have a case and can prove it, you should be compensated- either through an out of court settlement offer from his malpractice insurance or from a jury verdict. The compensation should cover medical bills necessary to correct his error, lost wages if the error caused you to miss work, pain and suffering damages and damages for emotional distress.

An experienced lawyer can help you to determine if you have a case for malpractice and, if so, how to go about suing your orthodontist.