Q: Possible malpractice suit?
I have been under Invisalign treatment for two years now with 2 different dentists ($4500). When I started, I was told I was a great candidate. I had an underbite and a bad midline (still do). After a couple of months into treatment, my job transferred me, so I transferred my case to another dentist in the same company so I would not have to pay for treatment again.
When I met with orthodontists in my new city about a transfer, both said I would need jaw surgery and braces to fix my problem. As I was only a couple of months into my Invisalign, I decided to transfer the case to a dentist and finish my set of trays as the 3d model produced a perfect smile. Since transferring, I am now on my second refinement set, I have had 4 sets of trays altogether. My teeth are still edge-to-edge, and my midline is still crooked. Since Invisalign has not resulted in the desired result of the 3d model, what recourse is there or could I get a refund? I have to pay for braces which I can't afford now
A: A Washington D.C. attorney would be best qualified to advise, but your post remains open for three weeks. As a general matter, it could depend on whether a jury felt that there was a breach of a duty of a medical/dental standard of care. It seems like it would be a complex and difficult case because it involves the input of four practitioners, your original two dentists and your two new orthodontists, in addition to the fact that the issue of Invisalign not resulting in the desired result could be a matter of fact for a jury to decide based on expert testimony. You could consult with a local attorney to discuss the matter in greater detail. Good luck
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