What is the name of your state (only U.S. law)? TN
Argument against my orthodontist:
I presented to an orthodontist for the treatment of TMJ, specifically I had dislocated the disc in the right TMJ. I went to an oral surgeon at the time the disc dislocated. He did not want to do surgery and would like to proceed conservatively at that point. I got the name of an orthodontist who basically promotes that he does orthodontic treatments that can improve TMJ function or at the least set my teeth up for surgical intervention if needed. Initially the orthodontist thought I might need an arthroscopic joint procedure if anything.
My disc dislocated at age 29.
brief dental history:
I had never had braces, but I had worn a retainer on my top teeth as a teenager. This allowed me to have straight teeth during the years that I wore the retainer. I did not have an over bite or any trouble incising my food (biting into a sandwich) for any part of my life prior to adult orthodontic treatment. My dentist who gave me the retainer was wrong in the fact that I could never stop wearing it. I began using the retainer in 8th grade and I wore it for at least 8 years, then I quit wearing it. My top teeth then became crooked again. Even while they were straight I could still incise my food. Eventually they became crooked again. My two front teeth angled inward to meet my bottom teeth. Since my teenage years I had some awkardness with opening my mouth relating to my TMJ. This did not become an urgent issue until the disc dislocated.
I presented to the orthodontist for conservative treatment of my TMJ. The orthodontist proposed that if my top teeth were straightened and angled outward in their proper position, this could allow my lower jaw room to advance forward in a more comfortable position and would possibly allow my jaw to unlock. He couldn't promise anything and said I might need a surgery on the joint. I agreed with this treatment plan. The cost of the orthodontic treatment was/is significant. I thought if it worked that was great and if it didn't at least I would have straight teeth and I would go from there.
I did not sign a contract at the begining of my treatment but submitted my initial down payment and made timely monthly payments. The orthodontist only put braces on my top teeth. Eventually my top teeth advanced so far outward that I could no longer bite into my food. I had a class II malocclusion or a significant overbite. His initial hope that my jaw would unlock did not happen. At this point I am completely compliant and understanding because I knew that I might need a surgery. So I consulted with an oral surgeon. To my suprise he recommended a bilateral mandibular osteotomy to advance my lower jaw forward because he said it was too small and that it could not be corrected otherwise. After the orthognathic surgery, he could then do an arthroscopic surgery on my right TMJ. He wanted to do the lower jaw advancement first so that my bite could stabilize the TMJ. Long story short, another oral surgeon agreed with this.
I have sought the opinion of another orthodontist. This second orthodontist agrees with both oral surgeons and disagrees with the current orhtodontist and thinks that it is necessary to surgically advance the jaw forward prior to addressing the jaw joint.
Problem: My orthodontist felt that the lower jaw surgery was premature and he did not want to participate in that. This went against the advice of two oral surgeons. I have had orthodontic treatment for 7 months out of the original proposed 20 months. At this point my orthodontist in his words wants to "bail out". He will remove my braces and wash his hands of me. I asked him how my teeth would maintain their position and he said he would give me a retainer. Well obviously a retainer is not suitable for having jaw surgery which requires braces. So I have to seek another orthodontist to continue treatment. If I did not have surgery and I used his retainer to keep the position of my teeth, he would be leaving me with an additional problem that I did not have when I came to him or had ever had. Also he would not have corrected anything at all.
My dilemma: In order to continue orthodontic treatment with this original orthodontist I feel that he is forcing me to go against the advice of two oral surgeons for a result that is not in my best interest. Last time I checked the orthodontist can't do jaw surgery. I did not see this coming. I would have expected the orthodontist to follow thru with the surgeon in a supportive role.
I stated I did not sign a contract in the beginning. About 6 months after treatment I got a contract. I was told the office had been delayed in getting it to me. At that point I did not forsee the circumstances that currently exist. I signed the contract.
Interestingly the contract lists the orthodontic diagnosis as 1) class II malocclusion 2)upper/lower crowding.
After the orthodontist wanted to bail out, I asked him about my lower teeth. His response was that "they're straight". The second orthodontist said I would have to have braces on my lower teeth so that it would match up with my top teeth once the surgical advancement of my lower jaw took place.
One other significant point regarding the diagnosis on the contract, it does not list TMJ as the diagnosis under treatment.
The contract states "Our treatment plan is to provide orthodontic therapy to improve the existing malocclusion, dental function and alignment."
Obviously the orthodontist failed to meet any of these goals.
The second orthodontist who is compliant with the oral surgeon estimates 9 more months until my bottom teeth are ready to have surgery for a total of an additional 18 months of treatment. This comes at a significant cost as well, although I am more comfortable with his manner and philosophy.
It is unknown at the time of writing what my financial obiligation will be to the current orthodontist. I feel that I deserve at minimum a partial refund if not a full refund for what I have paid so far.
Legal Questions:
Is there a case for anything here?
Is the orthodontist guilty of any malpractice?
Did the orthodontist break the contract?(that's how I see it).
How much should I really have to pay the orthodontist? (so far, in 7 months I have paid about half the bill that is to be paid over 20 months).
Did the orthodontist act outside his scope of practice by refusing orthodontic treatment when I did not agree to have a surgery that he recommended nor could he perform? Was this unethical at the least?
Argument against my orthodontist:
I presented to an orthodontist for the treatment of TMJ, specifically I had dislocated the disc in the right TMJ. I went to an oral surgeon at the time the disc dislocated. He did not want to do surgery and would like to proceed conservatively at that point. I got the name of an orthodontist who basically promotes that he does orthodontic treatments that can improve TMJ function or at the least set my teeth up for surgical intervention if needed. Initially the orthodontist thought I might need an arthroscopic joint procedure if anything.
My disc dislocated at age 29.
brief dental history:
I had never had braces, but I had worn a retainer on my top teeth as a teenager. This allowed me to have straight teeth during the years that I wore the retainer. I did not have an over bite or any trouble incising my food (biting into a sandwich) for any part of my life prior to adult orthodontic treatment. My dentist who gave me the retainer was wrong in the fact that I could never stop wearing it. I began using the retainer in 8th grade and I wore it for at least 8 years, then I quit wearing it. My top teeth then became crooked again. Even while they were straight I could still incise my food. Eventually they became crooked again. My two front teeth angled inward to meet my bottom teeth. Since my teenage years I had some awkardness with opening my mouth relating to my TMJ. This did not become an urgent issue until the disc dislocated.
I presented to the orthodontist for conservative treatment of my TMJ. The orthodontist proposed that if my top teeth were straightened and angled outward in their proper position, this could allow my lower jaw room to advance forward in a more comfortable position and would possibly allow my jaw to unlock. He couldn't promise anything and said I might need a surgery on the joint. I agreed with this treatment plan. The cost of the orthodontic treatment was/is significant. I thought if it worked that was great and if it didn't at least I would have straight teeth and I would go from there.
I did not sign a contract at the begining of my treatment but submitted my initial down payment and made timely monthly payments. The orthodontist only put braces on my top teeth. Eventually my top teeth advanced so far outward that I could no longer bite into my food. I had a class II malocclusion or a significant overbite. His initial hope that my jaw would unlock did not happen. At this point I am completely compliant and understanding because I knew that I might need a surgery. So I consulted with an oral surgeon. To my suprise he recommended a bilateral mandibular osteotomy to advance my lower jaw forward because he said it was too small and that it could not be corrected otherwise. After the orthognathic surgery, he could then do an arthroscopic surgery on my right TMJ. He wanted to do the lower jaw advancement first so that my bite could stabilize the TMJ. Long story short, another oral surgeon agreed with this.
I have sought the opinion of another orthodontist. This second orthodontist agrees with both oral surgeons and disagrees with the current orhtodontist and thinks that it is necessary to surgically advance the jaw forward prior to addressing the jaw joint.
Problem: My orthodontist felt that the lower jaw surgery was premature and he did not want to participate in that. This went against the advice of two oral surgeons. I have had orthodontic treatment for 7 months out of the original proposed 20 months. At this point my orthodontist in his words wants to "bail out". He will remove my braces and wash his hands of me. I asked him how my teeth would maintain their position and he said he would give me a retainer. Well obviously a retainer is not suitable for having jaw surgery which requires braces. So I have to seek another orthodontist to continue treatment. If I did not have surgery and I used his retainer to keep the position of my teeth, he would be leaving me with an additional problem that I did not have when I came to him or had ever had. Also he would not have corrected anything at all.
My dilemma: In order to continue orthodontic treatment with this original orthodontist I feel that he is forcing me to go against the advice of two oral surgeons for a result that is not in my best interest. Last time I checked the orthodontist can't do jaw surgery. I did not see this coming. I would have expected the orthodontist to follow thru with the surgeon in a supportive role.
I stated I did not sign a contract in the beginning. About 6 months after treatment I got a contract. I was told the office had been delayed in getting it to me. At that point I did not forsee the circumstances that currently exist. I signed the contract.
Interestingly the contract lists the orthodontic diagnosis as 1) class II malocclusion 2)upper/lower crowding.
After the orthodontist wanted to bail out, I asked him about my lower teeth. His response was that "they're straight". The second orthodontist said I would have to have braces on my lower teeth so that it would match up with my top teeth once the surgical advancement of my lower jaw took place.
One other significant point regarding the diagnosis on the contract, it does not list TMJ as the diagnosis under treatment.
The contract states "Our treatment plan is to provide orthodontic therapy to improve the existing malocclusion, dental function and alignment."
Obviously the orthodontist failed to meet any of these goals.
The second orthodontist who is compliant with the oral surgeon estimates 9 more months until my bottom teeth are ready to have surgery for a total of an additional 18 months of treatment. This comes at a significant cost as well, although I am more comfortable with his manner and philosophy.
It is unknown at the time of writing what my financial obiligation will be to the current orthodontist. I feel that I deserve at minimum a partial refund if not a full refund for what I have paid so far.
Legal Questions:
Is there a case for anything here?
Is the orthodontist guilty of any malpractice?
Did the orthodontist break the contract?(that's how I see it).
How much should I really have to pay the orthodontist? (so far, in 7 months I have paid about half the bill that is to be paid over 20 months).
Did the orthodontist act outside his scope of practice by refusing orthodontic treatment when I did not agree to have a surgery that he recommended nor could he perform? Was this unethical at the least?