Orthodontics
Negligence Claims

Orthodontics is a branch of dentistry that aims to improve the appearance and position of teeth. This is not always purely for the aesthetic but can also approve function and overcrowding.

Orthodontic treatment has been traditionally provided by an Orthodontic Expert. However, there are more and more general dentists that are now providing and offering orthodontic treatment. These have appeared with the rise of Invisalign and inviable braces treatment.

Sometimes the Orthodontic treatment can go wrong and be negligence.

Some common examples of orthodontics negligence can include:

• Failure to be referred for free NHS orthodontic treatment as a child.
• Orthodontic treatment takes longer than the treatment plan predicted and/or if there are no signs of improvement after you have paid for concealed braces.
• Malocclusion of the teeth – Misaligned teeth following orthodontic treatment.
• Suffering from root resorption following prolonged orthodontic treatment.
• Suffering from harm to your teeth and/or gums following orthodontic treatment, due to the dentist’s poor and/or incorrect advice and/or treatment (i.e. braces fitted incorrectly, not providing with a thorough examination to your mouth and/or jaw prior to fitting).
• Incorrectly advised of Orthodontic treatment available

There has also been a particular rise in online orthodontic treatment being provided online and via teledentistry. This carries the same risks as the above and negligence can occur in the same way.

Generally, cases should conclude between 18-24 months after the first time you contact us.

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.

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

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 period, or else their claim would be statute barred.

If you have suffered due to negligence, you may be able to claim for the following:

• Pain and suffering
• Any loss of earnings as a result of the orthodontic treatment
• Further treatment that may be required including cosmetic treatment
• Psychiatric damage

We trust our health professionals to provide advice and treatment in order to do the best for our oral health. Sometimes this trust is betrayed and the symptoms that we may have could become worse and teeth can be lost as a result of a mistake.

Dental pain caused by Orthodontic work can be traumatic and can affect your daily life. Dental health professionals have a duty of care to correctly assess your oral health and keep you from suffering further pain and trauma.

Here at Oakwood we have first-hand experience dealing with people who’s lives have been changed by dental negligence. Bringing an Orthodontics Negligence claim has allowed our clients to receive the financial support that is needed to aid in recovery.

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.

For some examples of successful cases and claim amounts awarded, read the case studies featured here.