Do I need legal recourse if a DDS messed up your mouth after you have put in thousands of dollars?

Question

My daughters Orthodontist "dropped the ball" on her braces after a year or more into her braces. The ortho admits to this and admits I have every right to be upset. A procedure that should have only been 18 months is now going to be another year, possibly two and we are looking at having teeth pulled as well.

Bruce Arthur Plesser · Answer

Yes.

Melvin Franke · Answer

Hire an experienced dental malpractice attorney

Charles E. Cartwright · Answer

If the Orthodontist's acts or omissions in the care and treatment of your daughter fell below the standard of care, you may have a claim.  

Medical malpractice cases are complicated.  I urge you to contact an attorney who practices in this area.

Ernest Lee · Answer

Dear friend, It appears as if you do have legal recourse. The orthodontist may have been negligent in his care of your daughter. 

Negligence occurs when a person performs in a way that a reasonably prudent person would say was below the standard expected under the circumstances. I would say that you, a reasonably prudent person, would say your DDS has performed below the usual expected standard. 

In fact, according to your question, I would even say your dentist would have to admit he performed negligently. 

You should contact an attorney and perhaps you can get some of your money back, even without suing, i.e., by demanding the DDS return some of your money and pay for your other losses that would not have occurred but for his negligent actions in lieu of suit. If he doesn't' t pay, you must not play, but should file a lawsuit.  Call us so we can see what can be done.

James Osak · Answer

YES . . . you have legal recourse . . . it's call MEDICAL MALPRACTICE.  You'll have to PROVE that Dentist committed NEGLIGENCE in treating your daughter. It won't be easy as you'll need your own MEDICAL EXPERT(S) to disprove Dentist's "standard of care" to daughter. MEDMAL can cost thousands even BEFORE filing the lawsuit. Good luck.

William C. Gosnell · Answer

Yes, I suggest finding a lawyer to help you.

Michael Yurasov-Lichtenberg · Answer

Yes, you do have legal recourse - an action for professional malpractice. Damages would include all costs of fixing what the orthodontist has wrecked, plus pain and suffering. Emotional distress is very hard to get compensated unless it causes objectively confirmed physical consequences. A jury is likely to be sympathetic to the plight of a girl who is losing her natural teeth an a young age, so it might somewhat increase the compensation for pain and suffering.  The orthodontist will likely offer your daughter free of charge treatment. 

Try to get this offer in writing.  If you seriously considering litigation, you should get your daughter to another orthodontist just to have the damage to her teeth documented. 

The second orthodontist will also give you an estimate of the costs of the required treatment that might differ, significantly, from the estimate the specialist at fault has given.  Consider retaining an attorney. 

Some specialists will take a case on contingency, which means that you will not have to pay any fees to the attorney until the case is settled or won at a trial. While it will not cost you anything out of pocket, the guidance you will receive from your counsel will prove invaluable.

Even when the orthodontist's insurer offers to settle your claim, the amount they offer will depend hugely on how well the claim was handled prior to filing.

Michael Yeksavich · Answer

If dental malpractice has been committed then you do have legal recourse.  I  suggest  you retain an attorney.

James Kelaher · Answer

Only if you can get another orthodontist to give you an affidavit stating that dentist deviated from the standard of care. If the guy is a straight enough shooter to have admitted he dropped the ball, I'll bet if you approach him about finishing your daughter's case for free, he just might do it.

Ronald Lowry · Answer

It's called dental malpractice. People file suit for it.

Gary Platt · Answer

If the doctor's treatment is deemed by a qualified expert to be  beneath  the minimum standard for that particular treatment, you may recover for  damages by filing a malpractice lawsuit.  You will need to hire an attorney  and  the attorney will need to have your daughter's dental records examined by an  expert who can render the necessary opinion.

Robert Lucky · Answer

Yes, you do have a right to pursue the matter. However, such a case can be very difficult. You  must prove that the DDS acted outside the standard of care.   This is very difficult to prove and can be a very complicated process. You should consult a medical malpractice attorney as soon as possible to review your options.

David Hibbert · Answer

Legal recourse? You may have a right to some damages, however, dental malpractice claims are time consuming , costly , and often won by the dentist. 

Have you consulted another orthodontists regarding your daughter's condition? Talk to an experience dental malpractice attorney in your state. It's a complicated matter that deserves more attention than you'll get online.

Paul Whitfield · Answer

Of course you do. You must have an opinion from another dentist who has the same type practice. If the matter has to be hashed out in court.

David Stoddard · Answer

Possibly.  For the case to be viable, you would probably need an Orthodontist to testify that the treating Orthodontist was negligent and that the ultimate outcome is worse than it would have been had there been no negligence.  By that I mean, after the year or two of additional treatment, her teeth are not as straight and corrected as they would have been had the original procedure been done correctly.  You might also be able to sue for hassle of the treatment taking longer than it should have even if the ultimate result is the same, but the damages for this might not justify a claim.

Andrew Velonis · Answer

In order to prove a dental malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call.  The orthodontist may be admitting that there was a bad result, but when push comes to shove, he/she will deny everything.  Also:  malpractice cases do not settle and you cannot take it on without a lawyer.  If you are serious about pursuing this, posting questions on a website will not get you anywhere.

Denis-Andrei Mesinschi · Answer

It does sound like you may very well have a claim here against the DDS and their insurer for the extra cost plus your daughters pain/suffering. I would hire yourself one of the Personal Injury firms from here that practice in your state and pursue this further.

Mark Smith · Answer

You need to consult with another dentist and determine if the second   dentist will offer an opinion that the first dentist deviated from the standard   of care (Dropped the ball).

Ronald A. Steinberg · Answer

You realize that there is little likelihood that the dentist will admit to anyone else that he "dropped the ball."  So, it will be your word vs. his word.  Now, assuming that you can prove that he "dropped the ball," you still have to prove that your daughter (and you) suffered damages due to the error.  You have to show that the pulled teeth are due to the mistake, rather than that being part of the treatment even though it was later in time than it should have been.  If you are really upset, you may call the Michigan State Dental Society.  I believe that they are located in Detroit.  They have an arbitration process which I had utilized in the past, and it was reasonably successful.  If that does not work, then you may want to contact an attorney who specializes in dental malpractice.  There is one such lawyer of whom I am aware.

John Brennan · Answer

If this DDS did as most orthodontists do, he gave you an estimate of time and expense, and he has, according to your information, been forthright that he "has dropped the ball" I would ask him to commit, in writing, his agreement to complete the course of treatment to the point of the original anticipated results, for that estimated cost.  If he will not, please consider calling my office for additional counsel and advice.

Rodney Smith · Answer

Yes...possibly.  You would have a dental malpractice case and should consult an attorney.

Steven A. Schwartz · Answer

You don't specify what the "mess up" was, so it is hard to say whether you have a claim for dental malpractice or not.  I suggest you contact an experienced dental malpractice attorney immediately.

Jeffrey Lapin · Answer

I do not know what you mean by the term "legal recourse." If you mean an "attorney" then the anwer is "maybe." If the orthodontist admits that he or she made a mistake, causing your daughter to need braces for a much longer period and may need teeth pulled, essentially admitting that committed malpractice, then you and your daughter have a claim against the orthodontist. You would be entitled to additional costs associated with the needs for having the braces longer as well as the costs, if any, for having any teeth pulled. Your daughter would be entitled to money for "pain and suffering" as well as money if any teeth are pulled.  If the orthodontist agrees to pay for everything as well as give your daughter additional money for pain, suffering and other damages, then you might not need an attorney. If the orthodontist does not agree to pay for these things then you would like need to file a lawsuit against him or her.  You may want to consult with an attorney to discuss the case and what you and your daughter might be entitled to. You can then decide whether you want to hire an attorney or try to handle the case on your own.

Mark Leonardo · Answer

You should contact a medical malpractice attorney that has experience with dentists and/or orthodontists and see if the attorney can refer you to an expert that would look at your daughter's teeth and tell you whether her orthodontist acted  below the standard of care.   You would need an expert in any lawsuit you might file to attest to that standard or you have no case.  So it would be prudent to find that out up front.  Many ortho's are reluctant to get involved so if you get referred to other ortho's by your friends, you want to ask the receptionist if he or she does legal expert work.  If the expert will attest to that, then you have a leg to stand on to bring a case.

Irving Blank · Answer

You need an ortho to out in writting that treating ortho was negligent and then you have a claim. Get an experienced malpractice lawyer.

C. Hopkins · Answer

Why not simply file a claim with the dentist's liability carrier? The use of a lawyer with experience in dental malpractice will likely greatly increase the value of your claim.

Bernard Jones · Answer

This can be a little touchy. It depends on what you mean by "dropped the ball" and the resulting damages. You need to talk with a lawyer directly.

Bernard Huff · Answer

You should consult with a plaintiff's medical malpractice lawyer to obtain  specific legal advice and assistance regarding your daughter's dental problem.

Phong Thanh Tran · Answer

If you were harmed as a result of medical malpractice, you can sue the dentist for damages.  It's a good idea to get a second opinion from another dentist first.

Michael Heilmann · Answer

A DDS is a medical specialist. You may bring a medical malpractice action against the professional within two years of the alleged negligence. You should retain a lawyer who is specifically skilled in this area of law.

Dennis P. Mikko · Answer

To have a claim against the orthodontist you would have show that he/she breached the applicable standard of care.  This would have to be done through the use of an expert witness.  It is possible that the orthodontist's malpractice carrier may try to settle with you but before you agree to a settlement you should consult with an attorney who can provide you with a better estimate of your damages.  From what you have said, it appears there could be a claim and it should be evaluated.

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Do I need legal recourse if a DDS messed up your mouth after you have put in thousands of dollars?

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