Making an orthodontist compensation claim
Can I sue my Orthodontist? We look at the legal issues involved in making an orthodontist claim.
Orthodontics relates to dentistry that corrects the position of teeth and jaw. Orthodontics can be carried out for cosmetic or functional reasons and are very common. Although the vast majority of orthodontic treatment goes to plan, it can unfortunately go wrong, and if this is the case, you may be able to sue your orthodontist for the treatment provided.
The issues that need to be investigated in an orthodontist claim
There are many different types of orthodontics, which means there are various different legal claims that can be brought.
We will usually start by assessing whether your treating practitioner had the appropriate qualifications to provide the treatment you received. We then look at whether it was the correct course of treatment (and whether you were a suitable candidate for it), or whether alternative treatment should have been offered. We then investigate whether the treatment was carried out correctly, and for the appropriate length of time. Finally, we consider what harm you have suffered as a result of any negligent treatment.
Therefore, it is always helpful when making an enquiry if you can provide pre and post treatment photos.
The different types of orthodontic treatment
Fixed appliances
You may have heard these referred to as ‘train-track’ braces. They work by applying force to your teeth and jaw. Problems can arise as a result of braces being placed incorrectly or being left on for too long. This can not only affect the cosmetic appearance, but also can cause damage to the tooth roots, known as ‘root resorption’ or gum disease. In severe cases, this can lead to tooth loss.
Removable aligners
These are clear, removable aligners. Common brands are Invisalign and Smilelign. Again, force is applied to the teeth via the retainers. The retainers are often changed every two weeks or so and treatment is usually completed within six months. Most legal cases involving removable aligners arise when the aligners were not the correct treatment option for the patient, resulting in substandard results or even damage to teeth.
Jaw Surgery
Jaw surgery is one of the least common types of orthodontic treatment. Legal claims include a failure to treat early enough, undertaking treatment that was never likely to work, or the standard of surgery being unacceptable.
Extractions
Some patients require tooth extraction at the start of orthodontic treatment. Legal claims can arise where incorrect teeth are removed, or teeth that should have been removed, were left in place, leading to unacceptable cosmetic results.
How we can help with your orthodontist claim
We work on a No Win, No Fee basis. This means that if your claim is unsuccessful, you will not have to pay us anything. To find out where you stand just get in touch with us.
For a free case assessment please call our legal helpline on 0333 8880406 or send an email to [email protected]