What's considered malpractice in orthodontic treatment?


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Question:

What's considered malpractice in orthodontic treatment?

Answer:

Orthodontists perform a number of different functions, although they are perhaps most commonly known for putting braces on to the teeth of teenagers. Orthodontists receive specialized education in their fields, including a requirement that they graduate from dental school and complete a residency. As such, they are expected to be reasonably competent when providing care to patients. If an orthodontist fails to provide reasonably competent care to a patient, he may be considered to be negligent in the eyes of the law. This would make him legally liable for paying for any and all damages caused by his negligence.

To determine if your orthodontist is guilty of negligence- and thus potentially liable for malpractice- you must understand how the duty of care is determined for orthodontists. 

  • Because orthodontic malpractice is a form of medical malpractice, the orthodontist is held to a reasonable professional standard
  • The level of care provided by the orthodontist is compared with the level of are a reasonable orthodontist would provide.
  • If the care actually given is of poor quality such that no reasonable orthodontist would have provided such care, then he may be considered negligent. 

Proving negligence is the first step in proving malpractice in orthodontic treatment. The next step is proving that the malpractice or negligence actually caused you some type of harm. The more serious the harm caused, the larger the damage award or settlement will be in order to compensate you for the orthodontic malpractice that you endured. 

To get help determining if your orthodontist may be liable for malpractice, it is recommended that you consult with a lawyer. Your attorney may evaluate your specific case and provide you with detailed advice on whether you have a cause of action or not.

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