Legal Question in Medical Malpractice in California

I started getting braces when I was 18 years old in 2003. After getting my x-ray, my orthodontist took out 4 teeth to make room in my mouth. One of them was in the area of my canine and was blocking my true canine. He thought that if he took it out then my canine will come down. Even though I was hesitant about the procedure because I would have a gap in my smile, but I trusted him because he was the professional. It's now 7 years after and I still have the gap in my smile. He had me wear rubber bands to make it go down. I even had to go through two surgeries to loosen and luxate my tooth. Nothing worked and now he said that I have to go get my canine tooth removed and get an implant. I've gone through so much heartache and self-esteem issues because of having this gap. I asked him to pay for the implant, but he said that he doesn't want to because it's not his fault. I believe that he should pay for the implant that I now have to endure because he shouldn't have taken out my tooth. Do I have any legal rights in this situation?


Asked on 2/20/10, 7:37 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

In general, if you are claiming malpractice, your claim MUST be supported by the opinion of a dentist who is an 'expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning your treatment fell below the acceptable standard of care and caused damage. Neither your opinion about malpractice, nor mine, is relevant or 'proof' of malpractice. You are not supposed to file suit without having that expert opinion available. Consult with your other treating dentist[s]] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose. I can provide referrals and assistance if necessary. Then, IF you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable malpractice and a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then please contact me to discuss the merits and value of your claims. Keep in mind that you have only one year maximum from 'notice' or learning of the malpractice to bring suit. That can be extended for up to 90 days by timely sending them a 'notice of intent to sue' before the year runs out. Please contact me to discuss the situation.

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Answered on 2/26/10, 11:21 am


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