Am I entitled to receive compensation for orthodontic surgeon negligence after living for three years with braces that I later found out was unnecessary?
You could be entitled to receive compensation for orthodontic surgeon negligence for wearing unnecessary braces for three years, however a definite answer cannot be provided without first knowing the circumstances in which these braces were determined as being necessary and the subsequent negative affect it may have had on your life. While being fitted for braces that were later found to be unnecessary may seem like a clear demonstration of negligence, it is unlikely that a claim can be made unless these braces had any dental or health consequences for you and also unless the negligent party can be established.
Contacting a personal injury claims lawyer at the soonest possible moment will be necessary in finding out your eligibility for pursuing surgeon negligence at orthodontist claim. Once you inform them of any injury, illness or permanent cosmetic ill-effects these unnecessary braces have had on you then your lawyer will be able to determine the viability of your claim and they will assess negligence can be established. If negligence cannot be established then it is unlikely an orthodontic negligence claim for compensation can be made as there is no negligent party to initiate a claim against.
Your lawyer will attempt to establish negligence in your compensation for orthodontic surgeon negligence claim by contacting every dental and orthodontic professional that treated you and concluded that you needed braces. They will obtain all of the relevant dental notes and present these to an independent dental expert. If they decide that if that the braces would not have been considered necessary had alternative actions been taken and if another competent orthodontic professional been involved, then your lawyer may offer you representation in your claim.
The USA Statute of Limitations may also affect your eligibility to pursue orthodontic negligence claim for compensation. There is a three year time limit imposed for potential claimants by this statute that was first introduced in 1980 as part of the Limitations Act. The reason why it was introduced was to encourage people who had a potential claim to pursue it while evidence was still recent. The date this three year time limit begins is the date in which injury was sustained or the date in which it was discovered. It is difficult to know when the time limit may have begun for you, especially if you were under the age of eighteen when the braces were first fitted, or when you discovered they were unnecessary. Again, a personal injury claims lawyer with knowledge of your situation will be able to give you more information about how the Statute may affect your eligibility to claim for orthodontic negligence claim for compensation
By discussing your claim for compensation for orthodontic surgeon negligence with a personal injury claims lawyer you will be able to find out if your claim has a good chance of success and all of your options. Therefore is recommended that you contact one to make an appointment for a consultation at the first possible moment.