Should I sue my orthodontist?

[nandy]

Hi everyone,
I started orthodontic treatment in January 2011 because I still had a baby canine tooth. I asked about the possibility of getting an implant instead but my orthodontist said the natural tooth would be better and since he told me he had done successful cases in the past, I trusted him.
After getting braces and getting my baby tooth pulled, I got a coil spring that put so much pressure on my premolar #12 that it got so badly infected that I ended up in the hospital on IV antibiotics and needed root canal treatment. All my ortho had to say was that the tooth did not look so great to begin with. He took a second panorex and said he would monitor my roots more closely. A year after getting my braces we finally did the exposure surgery. After another 3 months he tried to place a temporary anchorage device (TAD) but it seemed like he stripped the screw and said he couldn't place it. We would just have to leave a gap on my lower right arch or I could get an implant.
A few months after that my upper third molar got infected and he decided that it could be pulled. Leaving the bottom third molar without any tooth to bite against. I guess that solved his problem of not being able to move it. All my first molars were extraced in my childhood, so I only have one molar set to effectively bite with on my right side.
By that time we were already over 2 years of treatment but I wasn't having as much trouble anymore until last September when my second premolar got infected and needed to be extracted. I was visiting my family in Europe at the time and my dentist there was in absolute shock when he saw what my ortho in the US had been doing to my teeth and advised me to find someone else. But since I only had a few months left and already paid for my ortho treatment, I stayed. A month after that I needed a root canal on the canine that we brought down over the last few years. But it still got reinfected and I had to get an apicoectomy on that canine and the previously root canaled tooth (#12)next to it. My ortho wants to take my braces off within the next months but I feel he just wants to get rid of me now. I do think that my braces need to come of because I am having so much trouble but I still have the same midline deviation I had when I came there and I now need an implant on the other side, possibly two more if the apicoectomy fails. He also wants me to get my lower wisdom tooth pulled (the one that he couldn't move), leaving me with one molar set. I have spent over 15k in dental bills so far and am left with a never ending construction site that will cost me at least another 10k.
He never did take a single xray in the last 2,5 years and on my last appointment his dental assistant chipped my tooth resulting in a filling that he won't pay for. I also have another infection after he put a spring in to preserve that space where the implant will need to be placed.

I honestly can't take it anymore and feel absolutely helpless. I don't have another 10k to spend on my teeth as I am still a student. I have lost over 15pounds in the last few months, I had to quit my job because I am always sick or recovering from dental procedures and I am depressed as hell over ever starting treatment in the first place.

My question now is whether anyone here has a similar experience?
Has anyone ever tried to sue an orthodontist for malpractice or at the very least got a full refund?
I feel like he took advantage of me being a foreigner and I also want to prevent this from happening to someone else.

Thank you so much for reading this very long post. I truly appreciate any input.

[Tlal23]

Sorry I have no advice, but I couldn't read without posting.
What a horrible experience you poor thing.

Hoping someone has some advice for you x

[Snowglobe32]

Hello,
I am sorry you are dealing with this...I hope things get better soon!

I do have a few questions, I see a lot of people who still have baby teeth, I am not sure what is usually done in these cases, was the idea to pull the tooth so the adult tooth could come out?

Do you know what was causing these teeth to become infected? Was it the braces and appliances or do you have any other dental issues?

Were you going to your regular dentist for check ups and cleanings at least 2 -3 times a year?

Did you sign a contract?

Have you tried speaking to your ortho to try to resolve these issues?

[Haagi]

Pff wow, what a story, I feel sorry for you.
Those amounts WOW 15000 pounds...

I am in a severe 2 year treatment in Netherlands and its much less expensive

[boodles8]

Good grief. That's awful.

Two thoughts on suing. It sounds to me (not a lawyer) like you have grounds. You'd have to ask a lawyer to find out for sure. The other thought is that suing is very expensive. If you don't have the money to finish helping your teeth, I'm not sure how you could have the money to sue. Of course, you know your situation. I would just tend to think your money would be better spent fixing yourself than in a lawsuit which you might not win and would take years, anyway.

I wonder if you can report your ortho to your state's dental board. Even if you don't sue, maybe you could get him in trouble to prevent others from having your experience. If you can do this, it is probably free.

[catwanabee]

I think you have definite grounds on suing, how about talking to the orthodontist first and ask for a percentage refund before suing?

[fosterp]

It sounds to me like you would have a difficult case as from what you wrote you can't necessarily attribute the cause of your other dental problems to your orthodontist. He can easily blame poor hygiene on your part as to the cause of your teeth continually becoming infected.

[nandy]

Thank you for your replies.
I ended up needing another root canal on the tooth they chipped. The endodontist talked about how much trauma it is to move teeth around and that it is not uncommon for orthodontically treated teeth to need root canals in the future. The length of my treatment definitely contributed to that. It is especially frustrating to me that only after I demanded that my ortho pay for the last RCT did he actually talk to the endodontist for the very first time.
I have now decided to get my braces removed as soon as possible to give my teeth a break. My major concerns now are my TMJ, my open bite and the fact that my teeth only bite on one side. The teeth on my right side don't even touch when I bite down which got worse since my last appointment. My TMJ continues to get worse. I have headaches and earaches all the time now. I wake up at night with jaw pain that spreads down to my neck and shoulders. I didn't have TMJ when I started.

While I could try invisalign a few years from now, I just don't see myself starting treatment again after all that has happened.
I have contacted a lawyer to at least get a refund for my mistreatment and I am going to report my ortho to the board. My teeth were really not that bad to begin with and I now have more problems than before.
Thank you all for your kind words.

[Valentina]

Sorry that you are going through this. I have no experience with this kind of thing, but I do recommend that you consult with a lawyer.

Good luck with everything.

[Shs88]

Hi i am facing the exact same issue now. I went for metal braces and now i have a very bad tmj issues. Headaches started once i had metal braces put on followed by cracking jaw and tinnutus. After i start experiencing tremors in cheek area i took out the braces. But i have no bite now and my teeth is slanted. Sent a letter to dental association to complain and the dentisit called back, insisting that he did not do any wrong procedure with everything documented down. Not sure what to do now.

[verso]

The other thought is that suing is very expensive. If you don't have the money to finish helping your teeth, I'm not sure how you could have the money to sue.

The case would more than likely be taken on full contingency or modified contingency, not hourly. So he would likely pay the lawyer nothing at all or very little unless and until a favorable outcome is reached. If you've ever been in a car accident and sued the other driver's car insurance, that's full contingency.

That being said and regardless of their cost, lawsuits are *long* ! You'll file in January and won't settle it or take it to trial until March...two years later. So be prepared for that if you *do* sue.

They actually try to prolong the case for as long as possible. It's good business. The longer they can hold onto that money, even if they know that they'll be handing it over to you eventually, the more interest they earn on it. In other words, they lose a little less. And that's the bottom line. Also, it allows you ample opportunity to reconsider and eventually take a lesser settlement. Again, they lose a little less.

It's frustrating, very, very frustrating. I've been in my fair share of lawsuits, and if anything has taught me patience, it's lawsuits.

My advice would be this: Talk to a lawyer. Talk to several, actually. Most will provide a free consultation. Ask what their thoughts are on the viability of the case and what they foresee a likely outcome being. Ask about contingency, and if you feel reassured that it's a solid case, move forward with it. Unlike a car salesman, a lawyer will schmooze you very little; lawyers will tell you when you've got no case, especially a lawyer working on contingency.

[Voxpotens]

First of all, I empathize deeply to what you are going through. Im truly sorry...
Im not a lawyer either. But I have been doing a lot of research on what could or not potentially be grounds for suing. A lot of materials I read say that orthos mostly prefer to provide a full refund, as you would have to drop the suit that could potentially tarnish the dentist's name. that being said, this kind sounds like he should have his local board take a look at his practice. He should compensate you for the medical bills as well as for pain and suffering. Hope it turns out best for you!