Common Legal Questions

Question of the Week – Negligent Treatment from an Orthodontist.

Linh asks: 

My son started orthodontic treatment in December 2014 and it is ongoing. My son has endured years of unnecessary pain and procedures that has resulted in a worse outcome for his teeth than before he began treatment. Some procedures were performed without consent. We sought second opinions from other dentists and orthodontists who said that he had totally the wrong treatment and removal of teeth unnecessarily. My son now requires screws in both sides of his jaw and an additional 2 years of treatment .

In this case I would like to ask what can I do? Do I have the right to sue him for malpractice and not using the correct method in the first place?

Brydens Lawyers’ answer: 

A claim can be prosecuted as against the orthodontist if it can be established that the orthodontist was negligent in that the treatment provided and did not accord with peer professional opinion and that as a result of that treatment, injury, loss or damage was sustained.

It is comforting to note that other dentists and orthodontists have confirmed with you that the original treatment provided was in error and unnecessary. This in itself could establish negligence. The matter is definitely worthwhile investigating and to that end we would invite you to contact us to speak with one of our experts to ascertain whether a claim is available and if so, to pursue same. Please note that strict time limits apply with respect to the prosecution of these claims and you should not delay.

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