Can I sue my Orthodontist?

[powerxboy]

I live in LA, and I got my braces last year. During the consultation, he told me I needed four teeth extraction in order for my teeth to fit in my mouth. He told me my face might change, but he did not warn me about facial deformity as a plausible outcome of braces, or the risk of TMJ, nothing, he didn't give me any precautions with this procedure, and I thought it was a sure shot, 100% beneficial for my appearance. So I signed the payment contract.

1 year has past since I had my braces, I researched about this only because I started developing a line from my eye to my cheek, apparently this is called a "tear trough", it's a sign of aging or a dramatic change in weight, causing the face to losing a lot of its fats and muscles. I am 18 years old, and I know that tear trough is part of genetics and some people can get it earlier than others, but I never had it before braces, and after my last tightening of my braces, my tear trough became more visible. It appears that my maxilla is getting pulled downwards in order for my teeth to move back, causing me to lose upper facial support, resulting in the the formation of my tear trough from lack of upper facial support. It's not confirmed that it's the cause, but the it's too much of a coincidence and it's definitely a reasonable explanation. I haven't slept in 3 nights, because I am too busy getting stressed out, and I am suffering from a lost of happiness in life, I'm unmotivated, and don't have the drive to complete daily tasks.

I plan to confront him about this, and record out conversation secretly and have him admit he did not tell me about the risk of having braces.

Is there enough negligence present for me to press charges? How should I take this approach this after confronting and recording the conversation?

 

[powerxboy]

bump, need help please.

 

[Zigner]

I live in LA, and I got my braces last year. During the consultation, he told me I needed four teeth extraction in order for my teeth to fit in my mouth. He told me my face might change, but he did not warn me about facial deformity as a plausible outcome of braces, or the risk of TMJ, nothing, he didn't give me any precautions with this procedure, and I thought it was a sure shot, 100% beneficial for my appearance. So I signed the payment contract.

1 year has past since I had my braces, I researched about this only because I started developing a line from my eye to my cheek, apparently this is called a "tear trough", it's a sign of aging or a dramatic change in weight, causing the face to losing a lot of its fats and muscles. I am 18 years old, and I know that tear trough is part of genetics and some people can get it earlier than others, but I never had it before braces, and after my last tightening of my braces, my tear trough became more visible. It appears that my maxilla is getting pulled downwards in order for my teeth to move back, causing me to lose upper facial support, resulting in the the formation of my tear trough from lack of upper facial support. It's not confirmed that it's the cause, but the it's too much of a coincidence and it's definitely a reasonable explanation. I haven't slept in 3 nights, because I am too busy getting stressed out, and I am suffering from a lost of happiness in life, I'm unmotivated, and don't have the drive to complete daily tasks.

I plan to confront him about this, and record out conversation secretly and have him admit he did not tell me about the risk of having braces.

Is there enough negligence present for me to press charges? How should I take this approach this after confronting and recording the conversation?

Don't record the conversation - that's breaking the law.

As to your dental-related questions, I would suggest that you sit down calmly with your dentist and discuss your concerns. If you don't like those answers, then visit another dentist for a second opinion.

 

[quincy]

Does "LA" stand for the city of Los Angeles or the state of Louisiana?

In Louisiana, it is not illegal to tape record conversations as long as ONE party to the conversation consents to the recording. Here is a link to the laws: https://www.rcfp.org/reporters-recording-guide/state-state-guide/louisiana

That said, I do not advise you record any conversations at this point. Prior to doing so, I would consult with an attorney - but not before you follow Zigner's advice and consult with your current dentist or another dentist. You might also wish to consult with your physician, if you have a genetic predisposition to "tear trough" (which, as a note, I haven't heard of and haven't done any research on).

One final note: YOU cannot "press charges," whatever the answer to the first question is. It is up to a prosecutor to pursue charges against an individual. You can only file a complaint and the rest is left in the hands of others.

 

[ecmst12]

I'm not sure your speculation about muscles in your face moving due to teeth moving makes any sense.

 

[not2cleverRed]

You can sue anyone...

... the question is, do you have a reasonable shot of winning. What you've presented so far = doubtful.

And don't go threatening to sue someone in the hope that you'll get free dental work. Dental work that you don't need - did you bother to think that perhaps it's NOT the braces? Maybe it's all the late nights and lack of hydration.

 

[quincy]

Please do not start additional threads to ask questions on this same legal issue, powerxboy. They will only be deleted. You should continue with this thread. Thanks.

And could you please tell us where you live - California or Louisiana? State laws can vary in significant ways.

 

[powerxboy]

[

... the question is, do you have a reasonable shot of winning. What you've presented so far = doubtful.

And don't go threatening to sue someone in the hope that you'll get free dental work. Dental work that you don't need - did you bother to think that perhaps it's NOT the braces? Maybe it's all the late nights and lack of hydration.

I actually went to another orthodontist today, and said that is a reasonable explaination, I plan to take the x-rays from my first orthodontist and second and give it to my physician and let him give his thoughts on it. The Orthodontist I visited today said there's definitely going to be a downward positioning of my maxilla, which is the the part of the skull that sits on top of the mandibles, you can look this up if you wanted to its all online she said.

 

[powerxboy]

Please do not start additional threads to ask questions on this same legal issue, powerxboy. They will only be deleted. You should continue with this thread. Thanks.

And could you please tell us where you live - California or Louisiana? State laws can vary in significant ways.

I'm sorry, I didn't know the rules, and its L.A California.

 

[powerxboy]

I started to realize that I don't want to sue him, but can I threaten to sue for a settlement of the refund cost of my braces procedure from beginning up to this point, on top of the payment of my 4 pre-molar extraction, including the cost of my fake teeth I need to get with 4 holes in my mouth... Is this considered blackmailing, and do I need an attorney to take this type of action?

 

[quincy]

I'm sorry, I didn't know the rules, and its L.A California.

Thanks for providing your state name, powerxboy.

It IS illegal, as Zigner noted earlier, to tape record a conversation in California without the consent of BOTH parties to the conversation. So your plan to record your dentist is not something you should consider. Here is a link to the law, from the Digital Media Law Project: http://www.dmlp.org/legal-guide/california-recording-law

I think you are smart to consult with your physician.

I would not threaten to sue your orthodontist unless you have the intention of following through with the threat - and you would not want to follow through with your threat and file a lawsuit unless and until it is determined that you have a good cause of action. For this, an attorney's personal review is wise and advised.

Good luck.

 

[Zigner]

It seems to me that the dentist (ortho) did nothing wrong. What do you think you can sue for?

Oh, and if you DO sue, his insurance will defend him...and they can afford pricier lawyers than you can

 

[powerxboy]

It seems to me that the dentist (ortho) did nothing wrong. What do you think you can sue for?

Oh, and if you DO sue, his insurance will defend him...and they can afford pricier lawyers than you can

Firstly, dentist aren't qualified to do braces, only Orthodontist are. The fact that he failed to protect or warn his patient, is considered a negligent. He failed the Standard of Care, because I have already been informed by 2 other qualified Orthodontist, who had similar years of experience supporting my claim. I signed nothing but a payment contract, there's no records of him reviewing the risk with me verbally or on papers, I signed nothing. As a medical practitioner, you are legally obliged to go through all risks with the patient with ANY procedure.

 

[Proserpina]

Firstly, dentist aren't qualified to do braces, only Orthodontist are. The fact that he failed to protect or warn his patient, is considered a negligent. He failed the Standard of Care, because I have already been informed by 2 other qualified Orthodontist, who had similar years of experience supporting my claim. I signed nothing but a payment contract, there's no records of him reviewing the risk with me verbally or on papers, I signed nothing. As a medical practitioner, you are legally obliged to go through all risks with the patient with ANY procedure.

Go and see an attorney.

Take your records with you.

 

[quincy]

Firstly, dentist aren't qualified to do braces, only Orthodontist are. The fact that he failed to protect or warn his patient, is considered a negligent. He failed the Standard of Care, because I have already been informed by 2 other qualified Orthodontist, who had similar years of experience supporting my claim. I signed nothing but a payment contract, there's no records of him reviewing the risk with me verbally or on papers, I signed nothing. As a medical practitioner, you are legally obliged to go through all risks with the patient with ANY procedure.

If you think you have reason to take legal action against your orthodontist, speak with a malpractice attorney in your area.

The attorney you see will review the written opinions of the two qualified orthodontists you saw, and the attorney will review your dental records and your medical history, and the attorney will review the paperwork you do have from your current orthodontist, and the attorney will review any and all other pertinent facts. The attorney can then let you know whether s/he thinks you have a legal action worth the (high) cost of pursuing.

Good luck.