Legal Question in Medical Malpractice in California

My daugher is 12. She has braces, and we were under a 2-year contract with a local orthodontist. Before he completed his work, he up and deserted his office, leaving no forwarding address or phone number. Because of friends who work in dentistry in the local area, we were able to locate this orthodontist, who then proceeded to send us a "letter of dismissal", apparently because he doesn't like unions, and I'm a union member, so he just dismissed all of his patients who were associated with unions.

He left my daughter with no care for her braces for several months, until we were able to get her into see another orthodontist covered under my insurance policy. I consider his behavior to be malpractice, and I'm wondering if I have a case or not.


Asked on 1/31/11, 11:17 am

1 Answer from Attorneys
Michael Wasserman Michael Wasserman, Esq.

This is a case of what you would call abandonment. Your daughter was in need of continuing care as her orthodontic treatment was not complete and she was still in braces. There would only be a case worth pursuing if your daughter sustained injury or permanent harm as a result of the doctor's abandonment. As you were able to substitute in a new orthodontist, it is doubtful that there is any significant harm. You might have out of pocket costs but that would not justify pursuit of a claim. I would suggest in this circumstance that you make a complaint to the dental board of California. You can obtain the complaint form from their website: http://www.dbc.ca.gov/. You can also put in your complaint his apparent motivation which is a bias that is completely and utterly inappropriate. It will take the Dental Board a long time to look at the matter, and even if they do nothing, your complaint remains in his file should anyone else complain too. If there are others you know in the same circumstance as you, their complaints to the Dental Board would increase the likelihood of the Board looking into the matter.

Michael Wasserman

www.toothlawyer.com

Read more
Answered on 2/08/11, 2:44 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in California