Do I have a case for negligence?

[xdestry]

I live in California, and had worn braces for three years starting when I was fourteen. During that time I had to wear rubberbands on the braces, so they could pull my teeth in the right direction. There was one period of time where I was wearing the rubberbands and they pulled my jaw to one side whenever I relaxed them. After a few weeks of wearing the rubber bands, i developed a small clicking in my jaw, which today has developed into a minor TMJ(Temporomandibular joint disorder). I have visited a doctor who informed me that one of the discs in my jaw was getting pushed out of place. I have a little difficulty speaking, and whenever I open my mouth my jaw will lock up and I will have to do a learned maneuver to get it unlocked. I am scheduled for an MRI, which will hopefully provide more information. My question is whether I have a case against my orthodontist for negligence which led to my jaw problem and how I would go about doing it. Thanks for any help you can offer, and Happy Thanksgiving!

 

[ecmst12]

This is a known possible complication of the orthodontic treatment you received. Your parents signed an informed consent detailing all possible complications at the start of your treatment. No negligence.

Now...when you first started noticing that your jaw was being pulled to the side, did you tell your doctor about it?

 

[barry1817]

dental

I live in California, and had worn braces for three years starting when I was fourteen. During that time I had to wear rubberbands on the braces, so they could pull my teeth in the right direction. There was one period of time where I was wearing the rubberbands and they pulled my jaw to one side whenever I relaxed them. After a few weeks of wearing the rubber bands, i developed a small clicking in my jaw, which today has developed into a minor TMJ(Temporomandibular joint disorder). I have visited a doctor who informed me that one of the discs in my jaw was getting pushed out of place. I have a little difficulty speaking, and whenever I open my mouth my jaw will lock up and I will have to do a learned maneuver to get it unlocked. I am scheduled for an MRI, which will hopefully provide more information. My question is whether I have a case against my orthodontist for negligence which led to my jaw problem and how I would go about doing it. Thanks for any help you can offer, and Happy Thanksgiving!

Was the problem with the clicking mentioned to the orthodontist. What was his response to this information being brought to his attention.

That becomes an issue of informed consent, that changes at that point from original treatment.

To continue with a treatment that will cause you long term harm, for the gain of having teeth straightned, makes for an interesting questions.

Was the orthodontist wrong, that would be for another person to review the records, the problems caused and to determine if the course of treatment should have been reviewed and possibly modified once the problem arose, and would that have been negligent to continue.

 

[xdestry]

HEy

Hey guys thanks so much for the help. When I first noticed the problem I did tell my orthodontist but I barely remember what he said. I do not remember him doing anything about it though nor did he ever ask about it again. He just continued my treatment as if nothing was wrong. So is the general consensus that I don't have a case here? Thanks!