I wore invisalign braces for 2 years and paid $3000 and when I was finished the tooth was straight but after a month it went back to its crooked position. I was not told of wearing any additional braces to keep it straight and was told to start over from the beginning.
Doesn't sound like malpractice to me but you should ask another dentist. You must establish malpractice by the testimony of another professional with the same or better credentials.
Simply because a medical or dental procedure does not work as hoped does not mean there is a claim. The dentist must have done something that is not within a reasonable standard of care. There may simply be a risk that the procedure does not work with you.
Sounds like a difficult claimmy office would not take it, but you can contact a personal injury lawyer in your area
The fault could be with the product or the dentist, but it is also very likely you just had a bad result even though things were done right. It happens.
Medical malpractice cases are governed by RCW 7.70 and by case law precedent (i.e. DOUGLAS v. FREEMAN, 57 Wn. App. 183, 787 P.2d 76 (1990) (http://www.mrsc.org/wa/courts/index_dtSearch.html). The question is whether the dentist failed to follow the accepted standard of care in his field. You need a different dentist to render an opinion on that question as your expert witness.
Before you can sue your dentist, you must file a complaint with the Montana Medical Legal Panel in Helena. They will gather records and your information, convene a hearing in Helena where you can testify and bring witnesses and question the dentist. The panel makes a non-binding recommendation and then you can file a lawsuit. In general, the cost and lost time you would expend is more than you could likely recover. I had heard that the Invisalign system does require night time extended maintenance. Proving your dentist failed to tell you would be a pure credibility contest. Who should the jury believe?
You should consult with a plaintiff's medical malpractice lawyer for specific legal advice and direction regarding your medical problems with your dentist.
It would depend on whether the dentist was negligent, or what your contract with the dentist says. If other orthodontists say that he should have had you wear an appliance after you were through with braces, you might have a case. The reason I mention the contract, this might be better brought as a breach of contract case than malpractice. Much like suing a car mechanic for charging to fix your car and the car isn't fixed. It's probably only worth the price you paid and you might want to bring the case in small claims court.
Only if you can get an opinion from another dentist, attesting to his belief that your dentist deviated from the prevailing standard of care for dentists...you're best off hiring a lawyer who handles malpractice cases, as there are a ton of hoops you have to jump through in malpractice.....
You'll need a dental malpractice lawyer for this. They are fairly uncommon. I know only one.
Ask a local attorney a question for FREE.
FREE answer from a local attorney.
Your email is only used to send answers to you.