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Negligent Orthodontic Treatment Compensation

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    You may have experienced negligent orthodontic treatment, or not been referred for treatment when you should have been. When this happens, it can be both painful and psychologically harmful. Whatever your situation, if you have experienced dental injury in relation to orthodontics, we may be able to help you with a claim for compensation.

    If it is clear to you that the orthodontic treatment has caused your teeth to move into a position you didn’t expect, and which may be detrimental, this may indicate that your orthodontic treatment has not been managed correctly. Whilst the majority of orthodontic treatment provides good aesthetic and functional outcome to the patient, sometimes treatment can go wrong and be classified as negligent.

    Read our guide on orthodontic treatment to find out more about how this dental procedure should be carried out, and where it might have gone wrong >>

    Common issues with orthodontics

    If you have undergone negligent orthodontics, you may have experienced some of the following issues. Find out more about them by clicking below:


    If orthodontic treatment has taken longer than expected, does this mean something has gone wrong?

    There are many different orthodontic systems available to straighten and align teeth. Options include:

    • metal braces,
    • ceramic braces,
    • lingual braces and
    • Invisalign

    Given the various treatment options available, with each patient having unique treatment needs, there is no simple answer as to how long orthodontic treatment will take. However, this should always be an important consideration for any dentist when compiling a treatment plan and they should inform you of how long the treatment will take before any orthodontic treatment starts.

    In some cases, orthodontic treatment can take longer than expected. However, it can be dangerous to have braces fitted for a long time as it can put unnecessary forces onto your teeth and lead to complications. Therefore it is important that, if orthodontic treatment is taking longer than predicted, your dentist helps you understand why and that they are assessing your risk of complications.

    In some of the cases we are involved in, treatment takes longer than expected; all because the desired outcome will never happen the treatment plan put together by the dentist.


    If you are suffering from root resorption following orthodontic treatment, has this been caused by negligence?

    Root resorption is one of the leading problems arising from orthodontic treatment. It is an uncommon condition in adults, but a normal process that causes deciduous (baby) teeth to be lost.

    Root resorption can lead to the breakdown of the structure of teeth, and can cause, for example, root shortening eventually. This can be dangerous and ultimately leads to teeth becoming mobile (essentially, being able to move them in your mouth) and requiring extraction.

    Root resorption can occur during orthodontic treatment, as often there is added pressure onto the root surface of the tooth from the orthodontic appliance itself. Given the potential consequences of root resorption, it is important that your dentist monitors the length of your roots by taking regular radiographs.

    Root resorption can occur as a recognised complication of orthodontic treatment but it is important that your personal risk of developing this condition is considered before treatment is carried out. For example, you may be more susceptible if you have short roots.

    Whilst a small amount of shortening in the root is acceptable and expected during orthodontic treatment, sometimes severe changes can occur which are unacceptable.

    If your orthodontic treatment has taken longer than expected, this can leave you at increased risk of root resorption. If you suffer from severe root resorption after prolonged orthodontic treatment, you may have a dental negligence claim.


    Gum problems following treatment: are they normal?

    It is widely accepted by dental professionals that having an orthodontic brace fitted can lead to plaque related gingivitis.

    When orthodontic appliances bond to teeth, they become harder to clean. Quite often, despite tooth brushing, food debris is left on or around the orthodontic appliance that can cause gingivitis.

    It is important that you get the right oral hygiene advice from your dentist during orthodontic treatment. Regular appointments with the hygienist may be recommended to help remove any plaque that may have built up on your teeth.

    If gingivitis is not treated, the surrounding tissues and bone that support teeth can be affected. This is known as periodontal disease.

    Given that orthodontic braces can cause problems with the gum, it is important that your gums are in a good condition before a brace is fitted. Unfortunately, if an orthodontic appliance is fitted to someone that has periodontal disease, it can accelerate its progression and lead to permanent damages to the teeth, bone and gums.

    Unfortunately, we often see cases where a dentist has failed to diagnose the presence of periodontal disease before fitting an orthodontic brace. As a result, patients are left with permanent damage.

    If you feel your dentist has not considered and treated the condition of your gums prior or during your orthodontic treatment then you may have a claim for dental negligence.


    Teeth misaligned following dental treatment; has this been caused by negligence?

    Malocclusion of the teeth is a misalignment problem that can lead to serious oral health complications. It can include issues such as:

    • crowded teeth
    • crossbite
    • overbite
    • underbite

    It is critical that teeth are correctly aligned otherwise it will affect the basic and vital functions of the teeth such as biting and chewing. If your bite becomes mal-aligned it can also cause pressure points between opposing teeth when chewing or even talking which then causes pain, sensitivity and/or teeth to chip each other. Equally, your jaw may be misaligned as a result and this can cause discomfort around the jaw line.

    When orthodontic treatment is planned, the dentist will need to consider whether there is any malocclusion that needs to be corrected or whether the anticipated orthodontic treatment will affect this in any way.

    When orthodontic treatment begins, an appropriate assessment of the space in the mouth must be undertaken. There are lots of things that can go wrong when considering malocclusion, so fine adjustments need to be made to ensure that the teeth are still able to function.

    When issues concerning malocclusion occur alongside orthodontic treatment, it is possible that something has gone wrong.

    Can you make a claim for the failure to be referred for NHS orthodontic treatment as a child?

    Unfortunately, we have acted for numerous clients where there was a failure to refer them to an orthodontist to see whether they should receive orthodontic treatment.

    In each of these cases, we were able to say (with medical evidence), that a referral to an orthodontist should have happened when they were under the age of 18 and given the orthodontic condition of their teeth, they would have qualified for free NHS treatment. As a result of the failure to refer our clients to an orthodontist, they now have to pay privately for costly orthodontic treatment, as it is no longer free to them on the NHS.

    If you have suffered problems with orthodontic treatment or you feel that you should have had orthodontic treatment as a child, please contact us to see whether we are able to assist.

    “Thank you so much to Sophie Angwin-Thornes at Withy king for wining my dental negligence case. Sophie has been great always kept me informed about my case and was always very positive. I would definitely recommend Sophie Angwin-Thornes for any case of negligence.”

    Tania Achadinha on TrustPilot

    Recent cases

    How long will it take to make a claim?

    As a general rule, cases should conclude between 18-24 months after the first time you contact us. However, each case is different and this may vary dependent on the facts.

    Find out more about the process of making a claim here.

    How much compensation might you receive? How is it calculated?

    The amount of compensation you receive will depend entirely on the circumstances of the case and your personal situation, as it is calculated based on the pain and suffering you have experienced as well as any loss you may have incurred as a result (perhaps through further treatment to attempt to ‘fix’ the issue).

    You can find out more about compensation and how it is calculated here.

    The substandard treatment was done by a dentist who has since retired. Can you sue a retired dentist?

    You can sue a retired dentist, as long as your claim is not statute barred.

    By law, all dentists must be registered with the General Dental Council (GDC), and must have appropriate indemnity and insurance arrangements in place; this allows patients to seek any compensation they may be entitled to.

    Therefore, even after a dentist retires they will still be responsible for the treatment which was carried out when they were practising as a dentist.

    How long do you have to make a claim?

    You have three years to bring a claim of dental negligence, from the date of negligence or knowledge of it, under the laws concerning ‘limitation’ in England and Wales. These laws state that a Claimant must issue court proceedings within this time period, or else their claim would be statute barred.

    Generally, we would advise you to contact us at least six months before the limitation period in your case is due to end. However, this can be reviewed on a case by case basis; if you believe that your limitation period may expire soon, we encourage you to contact us as soon as possible.

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