Hi, my wife recently had invisalign done for aligning teeth. However, during
the
treatment, when a couple of teeth were not moving, the doctor made her bite
some cloth, etc., and the nerve died, lots of pain. They had to do root
canal on 2 teeth because of this. If we were to do root canal, we needn't
have gone through the whole expensive invisalign treatment. Also, since
these were front teeth, we really were very anxious on how the (fake) teeth
would turn out..

We were never told of dead tooth being possible. We were told that if
invisalign cannot change the orientation, we would be told and we may
have to do the traditional ortho (with wires). We also think that the speed
of the treatment may be one factor, since this doctor
very fast treatment plan (compared to other doctors)

How do I recuperate the cost? Should I go via lawyers, or go directly to
dentist, or file a case by myself? Any pointers would be appreciated. We
have never gone to any court for any kind of case before, i.e., untrodden
territory.

Thanks

"yoda_yoda" <cnon123@aol.com> wrote in message
news:o3g2i0ta8dn0nmftmfvvui7kk1n1m36lft@4ax.com... Hi, my wife recently had invisalign done for aligning teeth. However,
during the treatment, [...]

See a local plaintiff's lawyer, who will probably tell you it is not worth
litigating. Besides, dentistry can still save teeth with dead nerves.

"yoda_yoda" <cnon123@aol.com> wrote in message
news:<o3g2i0ta8dn0nmftmfvvui7kk1n1m36lft@4ax.com>... Hi, my wife recently had invisalign done for aligning teeth. However, during the treatment, when a couple of teeth were not moving, the doctor made her bite some cloth, etc., and the nerve died, lots of pain. They had to do root canal on 2 teeth because of this. If we were to do root canal, we needn't have gone through the whole expensive invisalign treatment. Also, since these were front teeth, we really were very anxious on how the (fake) teeth would turn out.. We were never told of dead tooth being possible. We were told that if invisalign cannot change the orientation, we would be told and we may have to do the traditional ortho (with wires). We also think that the speed of the treatment may be one factor, since this doctor very fast treatment plan (compared to other doctors) How do I recuperate the cost? Should I go via lawyers, or go directly to dentist, or file a case by myself? Any pointers would be appreciated. We have never gone to any court for any kind of case before, i.e., untrodden territory. Thanks

If you approach the dentist in a reasonable and conciliatory way, and
the dentist is uncooperative, your alternative is to look for a lawyer
who does malpractice cases. Since orthodontic malpractice cases are
not uncommon, a lawyer who has experience in cases involving
orthodontics should be possible to find.

Proving any kind of medical malpractice, with rare and weird
exceptions such as cases in which a clamp was left inside a patient,
is very specialized, technical, and risky: there will need to be
experts who will testify that the care the dentist actually provided
fell short of the expected standard of care, and you lawyer will need
to line them up for you; and there is no guarantee that you will win
anything.

If your dentist was not qualified to do Invisalign or was doing some
weird, not generally accepted, variation on Invisalign, and wasn't
diligent in determining that your wife was suitable or that his
treatment was the proper course of action, he may indeed be guilty of
malpractice. Knowing that and proving that are two very different
things, and you need a good lawyer for the latter.

Do not delay: statutes of limitations on medical malpractice can be
very short, and if you decide to sue but don't file before the SOL has
run, you may have no recourse even though your case was airtight.

--
Not a lawyer,

Chris Green