Braces and Injuries: Liability of Orthodontist and Filing a Lawsuit

During the course of orthodontic treatment, whether through immediate trauma or over time, dental malpractice can cause significant damages to a braces patient, if a reasonable standard of care is not adhered to by their orthodontist.

Injuries with Braces

Once a patient enters under the care of an orthodontist, two possible avenues leading to patient injuries may occur. First, a dental healthcare provider may fail to act accordingly, either in the short term or longer, causing damages to the patient’s oral health, as well as failing to meet the expectations of the patient regarding their teeth and appearance. The second involves active errors or mistakes, both in a long term or short-term setting, which cause injuries to a patient or worsen their dental and oral health and appearance. Injuries involving braces often result from incorrect application of the dental devices, which can cause patients pain, suffering, and other traumas stemming from numerous oral healthcare concerns, such as periodontal disease, misalignment, and future dental repair work. Other forms of dental braces injuries may be the result of delayed diagnosis, or other more reckless or wanton unprofessional conduct by an orthodontist.

Orthodontist Liability for Injuries with Braces

Much like any medical healthcare provider, an orthodontist is liable and bound to provide patients under their care with a standard duty of care. If an orthodontist breaches the duty of reasonable care, whether through negligent care or failure to administer care, a patient may endure injuries, trauma, and other costs, known as damages. Any damages as the result of negligent care under an orthodontist entitles a patient to damages claims, which can be obtained through suits against defendants named liable for damages. These damage awards can cover a litany of items, but most commonly in braces injury cases, 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

Taking Legal Action against Orthodontists

Ordinarily in the course of modern orthodontic treatment, providers typically attempt to limit their exposure to legal liability through patient treatment waivers, which contain clauses allowing a patient to waive their right to file suit for damages, as well as require other rights to damage claims not specifically waived to enter into arbitration. In these cases, an attorney will have to initially review the waiver forms signed by patients before their initial treatment by an orthodontist, as well as ascertain what legal rights may still be left, in light of the waiver’s disclosures.

In cases not involving patient consent waivers, patients suffering from orthodontist malpractice have similar legal rights to compensation as any other medical malpractice victim. Having an attorney represent claims against named defendants is important to any successful and coordinated claims case. Consulting with an attorney is the only means of establishing whether or not your rights as a patient, with regards to recovering damages, are in fact intact and can viably be pursued in the civil courts.

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