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NSW Potential Medical Negligence by Orthodontist?

Discussion in 'Personal Injury Law Forum' started by amber1509, 27 January 2015.

  1. amber1509

    amber1509 Member

    27 January 2015
    Likes Received:
    Hi Guys

    So as a teenager I was treated for a severe overbite. During this treatment the orthodontist had to remove a product placed on my teeth as part of the treatment.

    This was done so aggressively he snapped the roots of two of my teeth, resulting in now having 2 wobbly teeth which I have been told will fall out prematurely.

    Secondly I have recently been to a dentist who has confirmed my over bite is returning, and my 2 top and 2 bottom teeth are startibg to angle inwards as a result. She advised I should have been given a wire or retainer to maintain the adjustment.

    None of this was even offered, and I'm now 23 years old with ruined teeth and an imminent hefty dentist bill.

    What grounds, if any, for legal action do I have against medical negligence?

  2. Sophea

    Sophea Guest

    Hi Amber 1509,

    It is well established that medical professionals including Orthodontists owe a duty of care to their patients. Medical malpractice or medical negligence occurs where the health professional did something wrong. For example, if the orthodontist was careless, if they lacked proper skills to perform the work or disregarded established industry practices and rules when treating you then you may have grounds to claim compensation for your injuries as a result.

    Unfortunately its not possible to provide you with advice on prospects of succeeding in such a claim, as it requires a detailed analysis of your circumstances and the medical evidence that is available. You will need to speak with a lawyer and get personalised legal advice. Many firms now do no win no fee with free consultation so they will tell you up front whether they think you will be successful or not.
  3. Rod

    Rod Well-Known Member

    27 May 2014
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    Check the fine print though. I know someone who used a prominent and large law firm under a 'no win no fee' arrangement and was hit with 'admin fees' running into low thousands.
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