Orthodontic malpractice can lead to significant physical, emotional, and financial consequences. If you or a loved one has suffered harm due to negligent orthodontic care in New York City, understanding when to contact a lawyer is crucial to protect your rights and seek fair compensation.
This blog explores the key aspects of orthodontic malpractice, including when to seek legal help, relevant laws, and actionable steps to take.
What Is Orthodontic Malpractice?
Orthodontic malpractice occurs when an orthodontist fails to meet the accepted standard of care, resulting in harm to the patient. The standard of care refers to the level of competence and diligence a reasonably skilled orthodontist would provide under similar circumstances. Malpractice can stem from negligence, errors, or intentional misconduct during orthodontic treatment, such as braces, aligners, or jaw alignment procedures.
Common examples of orthodontic malpractice include:
- Misdiagnosis or Failure to Diagnose: Failing to identify conditions like severe malocclusion, gum disease, or oral infections, leading to worsening health outcomes.
- Improper Treatment: Incorrectly applying braces, overtightening appliances, or using faulty equipment, causing tooth damage or pain.
- Root Resorption: Negligently causing or failing to monitor root shortening, which can lead to tooth loss.
- Nerve Damage: Causing permanent numbness, pain, or loss of sensation during procedures like extractions or implant placements.
- Lack of Informed Consent: Not adequately informing patients about the risks of procedures, preventing them from making informed decisions.
- Performing Unnecessary Procedures: Conducting treatments that are not medically justified, leading to harm or financial loss.
These issues can result in significant medical bills, corrective surgeries, lost wages, and pain and suffering. If you suspect malpractice, consulting a lawyer promptly is essential to evaluate your case.
When Should You Contact a Lawyer?
Knowing when to contact a lawyer for orthodontic malpractice can make the difference between a successful claim and missing your opportunity for justice. Here are key indicators that it’s time to seek legal advice:
1. You Suffered Harm or Injury
If you’ve experienced physical harm, such as tooth loss, nerve damage, or chronic pain, due to orthodontic treatment, this is a strong reason to consult a lawyer. Even if the harm is not immediately apparent, symptoms like persistent discomfort, difficulty chewing, or facial numbness may indicate malpractice.
2. The Orthodontist’s Actions Deviated from Standard Care
If you believe your orthodontist made errors—such as pulling the wrong tooth, failing to monitor treatment progress, or ignoring symptoms of complications—a lawyer can assess whether these actions breached the standard of care. Expert testimony from another dental professional is often required to establish this breach.
3. You Incurred Significant Costs or Losses
Malpractice often leads to unexpected medical expenses, additional treatments, or time off work. If you’re facing financial burdens due to negligent orthodontic care, a lawyer can help you seek compensation for economic and non-economic damages, including medical bills, lost income, and pain and suffering.
4. You Were Not Properly Informed of Risks
Orthodontists are legally required to inform patients of the risks associated with procedures. If your orthodontist failed to disclose potential complications and you suffered harm, this could constitute a lack of informed consent, warranting legal action.
5. You’re Within the Statute of Limitations
In New York, the statute of limitations for dental malpractice, including orthodontic cases, is two years and six months (30 months) from the date of the malpractice or the end of continuous treatment by the same provider, per New York Civil Practice Law and Rules (CPLR) § 214-a. Certain exceptions may extend this deadline:
- Continuous Treatment Doctrine: If you were receiving ongoing care from the same orthodontist for the same condition, the 30-month clock starts when treatment ends.
- Discovery Rule for Foreign Objects: If a foreign object (e.g., a piece of orthodontic equipment) was left in your body, you have one year from the date of discovery or when you should have reasonably discovered it.
- Lavern’s Law: For cases involving a failure to diagnose cancer (e.g., oral cancer missed by an orthodontist), you have 30 months from when you discovered or should have discovered the negligence, with a seven-year cap from the date of the act.
- Minors: If the patient is under 18, the statute of limitations is tolled until their 18th birthday, but the claim must be filed within 10 years of the malpractice.
Because these deadlines are strict, contacting a lawyer as soon as you suspect malpractice is critical to avoid missing your window to file a claim.
6. You Suspect Negligence but Aren’t Sure
If you’re unsure whether your experience qualifies as malpractice, a lawyer can review your case, obtain medical records, and consult experts to determine if you have a viable claim. Many attorneys offer free consultations, making it risk-free to explore your options.
Why Act Quickly?
Acting promptly is essential in orthodontic malpractice cases for several reasons:
- Preserving Evidence: Medical records, treatment plans, and other evidence can degrade or become harder to obtain over time. Early action ensures your lawyer can gather critical documentation.
- Meeting Deadlines: Missing the statute of limitations can bar your claim entirely, regardless of its merits.
- Accessing Expert Witnesses: Malpractice cases require expert testimony to prove negligence. Securing qualified experts early strengthens your case.
- Preventing Further Harm: Consulting a lawyer can lead to a second opinion from another dental professional, potentially halting ongoing negligent treatment.
Relevant New York Laws and Regulations
Understanding the legal framework for orthodontic malpractice in New York City is key to assessing your case. Below are the primary laws and regulations:
Statute of Limitations
As noted, CPLR § 214-a sets a 30-month statute of limitations for dental malpractice claims, with exceptions for continuous treatment, foreign objects, and cancer misdiagnosis.
Certificate of Merit
New York requires plaintiffs to file a “certificate of merit” with their lawsuit, stating that an attorney has consulted a qualified dental professional who believes the case has merit. This ensures claims are not frivolous.
Pure Comparative Negligence
New York follows a “pure comparative negligence” rule. If you’re partially at fault (e.g., failing to follow post-treatment instructions), your damages may be reduced proportional to your share of blame. For example, if you’re 20% at fault, your compensation is reduced by 20%.
No Damage Caps
Unlike some states, New York does not cap damages in medical malpractice cases, allowing plaintiffs to seek full compensation for economic (e.g., medical costs) and non-economic (e.g., pain and suffering) losses.
Lavern’s Law (2018)
This law, named after Lavern Wilkinson, extended the statute of limitations for cancer misdiagnosis cases, which may apply if an orthodontist fails to diagnose oral cancer. It allows claims to be filed within 30 months of discovery, with a seven-year cap.
Municipal Hospital Claims
If your malpractice occurred at a municipal public hospital (e.g., NYC Health + Hospitals), you must file a Notice of Claim within 90 days of the incident and initiate a lawsuit within one year and 90 days. This rule applies to all municipal hospitals, including state, city, and county facilities.
Steps to Take If You Suspect Orthodontic Malpractice
If you believe you’ve been a victim of orthodontic malpractice, follow these steps:
- Seek a Second Opinion: Consult another orthodontist or dental professional to assess your condition and confirm any harm or negligence.
- Document Everything: Keep records of your treatment, including appointment dates, communications with your orthodontist, medical bills, and photos of injuries.
- Contact a Malpractice Lawyer: Choose an attorney experienced in dental or medical malpractice in New York City. Firms like Chianese & Reilly Law specialize in these cases and offer free consultations.
- Review Your Case: Your lawyer will obtain medical records, consult experts, and determine if your case meets the four elements of malpractice: duty of care, breach of duty, causation, and damages.
- File Within Deadlines: Ensure your lawsuit is filed within the 30-month statute of limitations or any applicable exception to avoid dismissal.
Potential Compensation
If your claim succeeds, you may recover:
- Economic Damages: Medical expenses, corrective treatments, and lost wages.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In rare cases of intentional misconduct, additional damages to punish the orthodontist.
New York’s lack of damage caps allows for potentially significant recoveries, as seen in million-dollar settlements by firms like Chianese & Reilly Law.
Conclusion
Orthodontic malpractice in New York City can have devastating consequences, but timely legal action can help you secure justice and compensation. Contact a lawyer if you’ve suffered harm, incurred costs, or suspect negligence, especially within the 30-month statute of limitations. By acting quickly, documenting your case, and choosing an experienced attorney, you can navigate the legal process effectively.
Contact Chianese & Reilly Law today at (516) 614-6516 for a free, no-obligation consultation. Our experienced dental malpractice attorneys will review your case, explain your rights, and guide you through every step of the legal process to secure the compensation you deserve.
Disclaimer: This article is intended for informational
purposes only and should not be taken as legal advice. Consult
with a qualified attorney to discuss your specific
situation.
