Can this case be sued? Thinking it could be fault of orthodontist

[chokoret]

What is the name of your state (only U.S. law)? I am in Los Angeles, California.

Have a few questions but here the main thing goes..

I had braces for about 2 yrs and took it off on fall 2012.
I had no problem on my teeth, just that I wanted my mouth to get in a little bit.
long story short, after the braces, I can not cut food with my front teeth..
you know how you cut vegetables, pizza, or noodles when you eat, and I can't do it because it does not close.
when I do the bite, there's about 1/16" gap between top and bottom of my front teeth..
I still do my retainer, and it just fits as it used to since my last visit to the doctor.
Which I believe, it shows this issue is not because the teeth moved after the treatment..

Reason i didn't take this seriously was:
1. someone i know who had braces told me that it can be happen just because you are not used to with new fixed teeth and it will work properly pretty soon as I leave it.
2. I kinda wanted to trust that person because i was kind of afraid putting braces back for more years.
3. I felt uncomfortable for past years but couldn't really focus on it as was busy with other things going on in my life.
4. and as I get to realize I feel super annoyed with this issue, I see the time is passed and Sort of scared to visit the doctor and argue about it.. (i'm really bad at making complain and argue..)

And I recently heard that the issue I am having must be the fault of orthodontist, and people actually get braces to fix the issue I am having, not to cause one..
So I am wondering if this can be a wining case... I don't really care about the money or what that I get for suing..I just want this problem get fixed.

and other issue:
I have Hawley retainer, and fixed retainer attached as well.
Fixed retainer started falling apart, I evidenced that little pieces of food getting in between that white glue-like fixture and my teeth.
and yesterday(Sunday), one of that on top-left-end fall off and it's hurting my tongue...
So I called up the office this (Monday) morning, the receptionist told me that earliest I can set appointment for this issue is Wednesday 3pm, and there will be $100 charge for it..
So i asked...that as far as I know this should not be detached and it just fell off..
She answered, it should not, but if there was constant stress or shock to it, it can fall off.. which I don't really get because my eating habit does not seem it gives that much of stress to retainer as soft food and soups are main diet of mine..
and the reason they can not treat me til wednesday is because Monday is their off-day only consultants and receptionists work on monday..
Tuesday the doctor visits to the other city which is more than 20 miles from here..
and Wednesday (finally), 3pm because they do not open in the morning but from 1:30 pm...

I didn't act like im mad...but I didn't feel right...and I'll have to see what doctor says on Wednesday, but just having feelings like they are going to put it on my fault of not taking good care of it and not be responsible for those issue...but I'll have to see what actually comes..

So.. I want to know if this misalignment issue can be sued..and if the other issue also can be the actual problem..
And if anyone is kind to give me any advise anything i should do for the visit on Wednesday..

Thanks for reading!

 

[I'mTheFather]

Did your orthodontist recommend removing the braces in 2012?

When was your last visit with the ortho?

 

[chokoret]

Did your orthodontist recommend removing the braces in 2012?

When was your last visit with the ortho?

Yes it was his decision to remove it not my suggestion - so that made me think all the procedures are done then..

well I actually was surprised that I have to wear retainer for the rest of my life since I had no idea about it and never been told by anyone...Cuz if I was informed about the retainer I would not get braces on my teeth as my teeth were just fine...

I think my last visit was mid of 2013..not so sure not so good of memory but they should have all record of my visit

 

[I'mTheFather]

Well, no oral appliance will last forever without some maintenance, so that's not something you can sue. Making you wait until Wednesday is not something you can sue. Living with a condition for 3 years before seeking help will diminish the likelihood of winning a lawsuit.

However, most importantly, you don't even know if the orthodontist's work caused the problem. You'll need to see another orthodontist for a second opinion before even considering a lawsuit.

 

[chokoret]

Well, no oral appliance will last forever without some maintenance, so that's not something you can sue. Making you wait until Wednesday is not something you can sue. Living with a condition for 3 years before seeking help will diminish the likelihood of winning a lawsuit.

However, most importantly, you don't even know if the orthodontist's work caused the problem. You'll need to see another orthodontist for a second opinion before even considering a lawsuit.

thanks for the advise!
Yup honestly I can't be 100% sure it's at his fault at current stage, only that I never had this issue before the brace and it started after the brace..
Im just hoping doctor can do something with it..

and the other issue I was concerning was not about the appointment but the fixed retainer's falling off issue
cause what I know is that it shouldn't be falling off just with normal behavior... but i also think that it'd be hard to prove that I never had any exceptional stress on it ..

 

[I'mTheFather]

Good Luck, and do get a second opinion if you're not satisfied after your appointment on Wednesday.

 

[chokoret]

Good Luck, and do get a second opinion if you're not satisfied after your appointment on Wednesday.

just an update, the doctor didn't make it such a problem and just removed fixed retainer and said that tightening hawley retainer will do the work.
What a relief! hope this will fix the issue im having as doctor told me..
thanks for giving me advice that comments really helped me to have a bit of idea

 

[OHRoadwarrior]

It may be the teeth can only be moved so far so fast, to avoid weakening the roots. You may need a second set of braces to finish the alignment.