Orthodontic Malpractice: Liability and Filing a Lawsuit

An orthodontist is a specialized type of dentist. In order to practice orthodontics, an orthodontist must complete a doctorate program and be licensed in the state where the orthodontist practices. Despite these qualifications some orthodontists, like all dentists, commit malpractice on individual patients. (See also How to Value Tooth Damage for a Personal Injury Claim).

What is Considered Malpractice in Orthondotic Treatment?

Orthodontic malpractice can happen in one of two ways. An orthodontist can either make an error in a patient’s treatment or fail to take appropriate action in a patient’s treatment. For example injuries can occur with:

Braces: orthodontists who fail to properly monitor patients with braces or incorrectly apply braces may cause patients to suffer from periodontal disease, pain, and the incorrect positioning of their teeth. These conditions can lead to jaw problems, teeth extractions and future surgeries or orthodontic treatments.
Invisalign: Invisalign has only been approved for certain patients and to move the teeth in certain ways. If an orthodontist uses invisalign incorrectly it can damage a patient’s mouth and cost a patient a lot of money.

Also, aside from treatment issues, some Orthodontist may take part in unfair billing practices:

Billing Disputes: purposefully overcharging a patient or collecting money from both an insurance company and the patient is a form of malpractice that may entitle a victim to damages.

When either an error or negligence creates physical harm for a patient, ortho malpractice may have occurred. However, in order to recover damages for the alleged orthodontic malpractice, the plaintiff will need to allege that the orthodontist committed malpractice and file a successful claim.

Laws Against Orthodontic Malpractice

The laws concerning orthodontic malpractice are the same as the laws concerning any general medical malpractice lawsuit. In order for a plaintiff to recover damages for alleged orthodontic malpractice, the plaintiff must prove that:

The orthodontist owed the patient a duty of care (this is usually easy to prove since dentists, including orthodontists, owe their patients a duty of care);
The orthodontist breached the duty of care by failing to act like a reasonable orthodontist would have acted given the circumstances that led to the patient’s injury;
The orthodontist’s breach of the duty of care caused the patient’s injuries which would not have happened but for the orthodontist’s error or negligence; and
The plaintiff is entitled to damages because the plaintiff has standing to sue and the other elements of medical malpractice have been satisfied.

Liability of the Orthodontist: Waivers and Arbitration Agreements

Most orthodontists require patients to sign contracts before beginning treatment. Those contracts can limit the way in which a patient can recover damages. Many contracts specify that certain rights to recovery are waived by agreeing to orthodontic services and that arbitration will be required for rights that are not waived. These contractual agreements can limit a victim’s right to file a lawsuit.

It is important to seek the counsel of an orthodontist malpractice attorney as soon as you discover the harm caused by the alleged orthodontic negligence because the time frame for filing a claim may be limited by your contract or by the medical malpractice statute of limitations in your state.

How a Lawyer Can Help

Both a patient alleging orthodontic malpractice and a doctor defending against orthodontic malpractice can benefit from hiring a medical malpractice lawyer. Plaintiffs who are represented by medical malpractice lawyers stand a greater chance of recovering damages for their injuries and doctors who are represented by medical malpractice defense attorneys stand a greater chance of clearing their names and safeguarding their careers. Therefore, it is important to hire a medical malpractice lawyer whether you are a plaintiff or a defendant in an ortho malpractice case.

Have a Personal Injury Case?