Orthodontic Malpractice Attorneys Fighting for Victims of Orthodontic Injuries
What Is Orthodontic Malpractice?
Orthodontic malpractice is form of dental malpractice that occurs when a dentist or orthodontist fails to meet the standard of care and causes harm or injury to a patient. The “standard of care” refers to the treatment and caution any reasonable and prudent dental professional trained in orthodontic treatment would provide under similar circumstances.
As dental professionals practicing within the medical field, dentists and orthodontists can fail to meet the standard of care. If such a failure causes injury to a patient, it may constitute malpractice. Because orthodontic care takes place over a long period of time, and because it involves aesthetic considerations, it can be difficult to become aware that something has gone wrong as a result of malpractice.
For example, disappointed cosmetic or aesthetic expectations alone do not constitute a malpractice case; there must be provable injury and/or damages. Because of complex medical, dental and legal questions are involved in determining a case of malpractice, you should consult with an experienced malpractice attorney to evaluate your case if malpractice is suspected. He or she can help you to determine the filing deadline and the best course of action.
What Effects of Orthodontic Treatment Can Result From Malpractice?
Often, periodontal issues arise as the result of poor orthodontic treatment. Infections and inflammation of the gums and bone that surround and support the teeth can be caused by improper placement of braces or inadequate hygiene and monitoring while they are in place. Too much force exerted on teeth in the course of orthodontic treatment can cause the roots of those teeth to disintegrate, which may lead to loss of the teeth (this process is known as root resorption). Improperly adjusted braces can cause unbearable pain and contribute to poor oral hygiene.
If you’ve developed or had worsening periodontal disease, root resorption, loss of multiple teeth, or other significant injuries caused by the placement of orthodontic braces, you might have a case for malpractice.
What is Root Resorption?
Root resorption is a process of bone destruction in which the body breaks down and absorbs the roots of the teeth. When children lose their baby teeth, it is root resorption that leaves them loose and wiggly. When this occurs in adult teeth, it can also cause loose teeth or, even worse, loss of the teeth.
It is important to seek medical attention or a second dental opinion as soon as possible if you suspect you may have suffered an injury caused by orthodontic malpractice. Early diagnosis and treatment can help improve the chances of a successful outcome, and may avert the permanent loss of teeth.
What Do I Need to Establish Orthodontic Malpractice?
As in all medical and dental malpractice cases, you must first establish that a doctor-patient relationship existed. This is called the Duty of Care and is required for a lawsuit to be considered.
The greater burden is that you (and your attorney) must also prove that the orthodontist or other dental professional breached the standard of care. In other words, you have to show that they did not demonstrate the skill and care expected of and by other similarly trained professionals providing treatment in the same circumstances.
Finally, you must show that you suffered damages that can be compensated. This can include compensation for your physical injury as well as your medical bills, loss of income, and awards for your other pain and suffering.
What Do I Do If I Suspect Orthodontic Malpractice?
If your case meets the legal standard for malpractice, you may deserve compensation. Only an experienced malpractice attorney can evaluate all the factors and advise you if this is the case.
You should have your case evaluated by an experienced attorney who handles complex dental and orthodontic malpractice litigation cases, such as Wallace Wason, PLLC.
Can I Sue My Orthodontist for Malpractice?
Our legal team regularly handles dental malpractice cases and brings extensive experience with both the particularities of Orthodontic and other dental injuries and the unique laws and requirements that relate to malpractice cases. We are well versed in both researching and presenting the evidence of dental malpractice and the legal aspects of proving it.
Wallace Wason PLLC represents patients who have suffered permanent injuries as a result of negligence by an orthodontist. We have a history of bringing negligent professionals to account for their wrongful actions.
Contact us right away at (703) 638-7717 to schedule a free legal consultation and get the assistance you need to protect your rights and receive the maximum compensation and justice that you deserve.
If you have been seriously hurt, we will help you make a serious recovery. TM