How can I file for orthodontia malpractice?

Orthodontia malpractice occurs when a licensed orthodontics does not follow standard protocol when treating a patient and the direct result of that is the patient’s increased pain, suffering or other significant, negative outcome. Individuals who believe they have experienced orthodontic malpractice should discuss their case with their attorney to determine if there are grounds to file legal action against the company.

Proving Malpractice

In order to prove malpractice, the patient, or an immediate family member acting on behalf of the patient, must prove that the individual did not receive the proper treatment due to the specific negligence of the providing orthodontic practitioner. This is often difficult to do, but there are situations in which it can be done.

• Prove that the provider did not act according to recognized medical code.
• Show that the procedures performed did not provide the proper result because they were performed ineffectively. Another orthodontist can help to prove this.
• Show that the orthodontist did not have the proper education or ability in the procedure performed.
• Show the wrong medication or dosage was administered.

If you can prove orthodontia malpractice, then you may be able to file a malpractice lawsuit against the individual. While you can file a complaint yourself with the professional’s insurance company, it is often best to perform the process with the aid of an attorney. The attorney can help to fight any type of claims by the insurance provider. Specifically select an attorney familiar with this area of medicine. Each case is unique and should be handled as such.