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 8 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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