Orthodontic treatment can transform your smile, improve your bite and support your long-term oral health. However, like any form of dental treatment, there is always a risk of orthodontic negligence. Orthodontists are expected to provide treatment to an appropriate professional standard, including carrying out suitable assessments, developing an appropriate treatment plan and monitoring your progress throughout treatment.
Unfortunately, mistakes or failures in care can sometimes result in avoidable injury, additional complications or prolonged treatment. If you have suffered harm during treatment, you may be wondering whether this was an unfortunate complication or the result of orthodontic negligence.
Six Signs you may have experienced Orthodontic Negligence:
- Incorrectly fitted braces, clear aligners or retainers.
Poorly fitted orthodontic treatment can cause discomfort or even pain which left untreated could lead to long term implications or cause you to have prolonged orthodontic treatment.
- Misdiagnosis or delayed diagnosis of orthodontic issues.
If a problem during treatment is not diagnosed correctly or rectified in a timely manner you may experience additional treatment which could indicate, you are a victim of negligent treatment. Delays of this kind can result in more invasive procedures than would otherwise have been unnecessary, and where this has caused you unnecessary pain or expense, you may be entitled to pursue compensation
- Failure to diagnose an existing condition like gum disease before having orthodontic treatment.
If orthodontic treatment began after you had an existing problem like decay which was left undiagnosed this can increase the risk of additional treatment A thorough pre-treatment assessment should identify these issues beforehand, and where your orthodontist failed to carry this out properly, it may amount to a breach of their duty of care.
- Failure to properly monitor or adjust braces, clear aligners or retainers.
Inadequate orthodontic monitoring or adjustments can lead to poor results, unnecessary discomfort and prolonged treatment. Regular reviews are a fundamental part of orthodontic care, and if these were missed or rushed, it may be worth speaking to a solicitor about whether you have grounds to make a claim.
- Damage to teeth, gums, or nerves during orthodontic treatment.
Unnecessary damage to your teeth which could have been avoided may result in a dental claim. Nerve damage in particular can have lasting effects on sensation and function, and if you are still dealing with the consequences of avoidable damage, you may be able to claim compensation for both the physical harm and any further treatment required to put things right.
- Poor treatment planning or monitoring by your orthodontist leading to prolonged treatment.
Poor orthodontic treatment planning and monitoring can unnecessarily extend treatment plans and potentially result in avoidable dental complications. Treatment that carries on far longer than originally advised, without clear clinical justification, is often a sign that something went wrong with the original plan.
- Failure to explain treatment risks or provide proper aftercare by your orthodontist.
A failure to explain orthodontic treatment risks or provide appropriate aftercare may mean you were not given the correct information needed to make an informed decision about your orthodontic treatment. This is known as a failure to obtain informed consent, and if you were not properly advised of the risks involved, or left without adequate aftercare instructions, you may have a valid claim for compensation, often pursued on a no win no fee basis.
How Can a Solicitor Help With an Orthodontic Negligence Claim?
Orthodontic negligence claims can be technically complex because it may be necessary to obtain and review detailed dental records and expert evidence.
The Dental Law Partnership, can help you obtain your treatment records, investigate what happened and arrange an independent expert assessment where appropriate. We can also consider whether the treatment you received fell below the required professional standard and whether this caused your injury or additional losses.
Our dentally and legally trained experts can advise you about the potential value of your claim and the process for seeking compensation.
Could You Have an Orthodontic Negligence Claim?
If you have experienced complications following braces, clear aligner or retainer treatment, it is understandable to have questions about whether your treatment was carried out properly.
If you believe your orthodontist failed to provide an appropriate standard of care and you suffered injury or financial loss as a result, it may be worth seeking our advice. The sooner you obtain advice, the sooner you can understand your options and any legal time limits.
If you believe you may have been affected by orthodontic dental negligence, contact us here for an initial discussion about your circumstances.