Q: Can I sue my orthodontist for not properly doing their job?
I have been paying for my sons braces now for quite some time, he was only suppose to have the braces for 18 months. He’s had them on for about 4 years now. My contract includes them fixing broken brackets and fixing anything else that might happen which I pay for. My son hasn’t been to that dentist in over a year. They were suppose to call to reschedule appointments due to covid and what not. I haven’t even had a follow up with them. They have failed to fix his broken brackets which have caused his teeth to move and prolong treatment.
A: If you can get another orthodontist to say your son's orthodontist acted below the standard of care and negligently harmed your son, then unless your son is over 18 years of age, you can file a lawsuit for malpractice on behalf of your son, as his Guardian ad litem. California has a 1 year med mal statute and it begins to run from the date your first knew or suspected negligence or wrongdoing. You may also sue for breach of contract, but if its only an oral agreement, it would be hard to prove.
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