Braces are a sometimes painful right-of-passage for many adolescents. Most put up with the inconvenience and discomfort for a maximum of three years after which they enjoy straight teeth. For one kid, the length of time he had braces was longer. A lot longer. He wore them from the age of 7 to the age of 18. That's 11 years.
As a result of the extremely long period of time with braces the now, young man, recently filed a medical malpractice lawsuit against his orthodontist. In his lawsuit, in which he has alleged that he suffered permanent injuries to multiple parts of his mouth, he is seeking a total of more than $185,000. The amount is for:
- Pain and suffering
- Corrective oral surgery
- Expenses related to the oral surgery
The president of the American Association of Orthodontists said there are of course situations where a youth would have to have braces for longer than just a couple years. While it is not clear if any of those situations existed in this case, the man's orthodontist said there were extenuating circumstances, and that it was "very complicated." He cited the privacy rules under the Health Insurance Portability and Accountability Act as well as doctor-patient confidentiality in not elaborating further about the case.
Like other medical professionals, dentists and orthodontists are expected to not take actions that would hurt their patients. The man's medical records will likely help inform the outcome of this case. So far, they have been turned over to the insurance company where an investigation is underway.
Source: Good Morning America, "Boy Wears Braces for 11 Years, Sues Orthodontist," Alan Farnham, Aug. 27, 2012
Medical malpractice cases can arise in a variety of settings including with dentists and orthodontists. Our firm provides counsel in these types of matters. If you would like to learn more about our practice, please visit our page that focuses on patient injuries.