Can I sue for disfigurement due to braces?


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Question:

Can I sue for disfigurement due to braces?

Answer:

If you suffer disfigurement due to botched orthodontistry, you are the victim of dental malpractice and as such, may be eligible to recover damages. You must prove, however, that the orthodontist acted negligently by falling below a reasonable standard of care.

Braces Disfigurement

A dental healthcare provider who practices negligently may cause short-term or long-term damage to his or her patient. A disfigurement due to braces is generally proof that some form of negligence has occurred. Injuries that involve braces often result from dental professionals incorrectly applying dental devices. Incorrect applications often cause patients pain, suffering, as well as other oral healthcare concerns, such as periodontal disease and misalignment. These problems usually have to be corrected with subsequent dental repair work which adds to the original costs and inconvenience. Other types of dental braces injuries may result from delayed diagnosis or unprofessional conduct by an orthodontist.

Orthodontist Liability

Like other medical healthcare providers, orthodontists are required to perform their job with a standard duty of care. When orthodontist breaches the duty of reasonable care through negligence or failure to administer care, the injured patient may recover damages.  These damage awards may include:

  • Costs of dental repairs, restorations, and other corrective dental work
  • Medical costs associated with attributable medical conditions to the malpractice or negligence of an orthodontist
  • Pain, suffering, and other forms of physical discomfort or disfigurement
  • Costs of the original dental care, which was not up to a standard of care
  • Legal costs associated with filing suit against liable parties

Talk with an Attorney

If you have suffered disfigurement due to braces and can show that this disfigurement results from medical malpractice, you may sue to recover damages. Talk with an experienced medical malpractice attorney to discuss your case.

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