San Jose, CA asked in Consumer Law, Contracts, Medical Malpractice and Personal Injury for California

Q: Can I sue an orthodontist for no after hour emergency patient care that's stated in the contract?

On 2/1/2021 I signed a 18-24 month contract with an Orthodontist for braces. I had 8 visits from 2/8/21- 3/29/21, I had suffered from headaches & mouth sores, l couldn't eat or drink, I lost weight, and there was a time when I couldn't talk, and missed work.

I called the emergency number provided in the contract and the receptionist said the Dr. isn't available for emergencies and he only works on Mondays.

Basically, I had to wait for days to see the Dr. and there's no emergency patient care like it says in the contract, or there's only 1 Dr. available on Mondays, the rest are Dental Assistants, that didn't provide quality service.

The Dental Board cited him for misconduct on 8/2022 and I have a copy of the contract, Dental Board case number, I have pictures of loose brackets, and the wire sticking out,or poking the inside of my mouth.

Any idea what type of case this falls under

Any advice is appreciated,

1 Lawyer Answer
William John Light
William John Light
  • Medical Malpractice Lawyer
  • Riverside, CA
  • Licensed in California

A: This may fall under dental malpractice. Whether it is worth pursuing depends on what your actual damages are. Besides discomfort, do ou have any permanent injury, such as bone loss, that might make pursuing a malpractice claim economically justifiable. Talk to some malpractice attorneys about your potential claims.

1 user found this answer helpful

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