Is an orthodontist breaking the standard of care if they do not tell you about the risk factors of a procedure?

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Is an orthodontist breaking the standard of care if they do not tell you about the risk factors of a procedure?

Does damages need to be present to able to sue?

Asked on July 23, 2015 under Malpractice Law, Iowa

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Medical / dental malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable orthodontist in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).  If a reasonable orthodontist in the community would have disclosed the risk factors of a procedure which would appear to be the case, then your orthodontist breached the duty of due care.

Damages ( monetary compensation for an injury) are required in a lawsuit for negligence.


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