Alturas, CA asked in Medical Malpractice for California

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.

Related Topics:
1 Lawyer Answer
Robert Dourian
Robert Dourian
  • Medical Malpractice Lawyer
  • Pasadena, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.