Is it legal for an orthodontist to remove 3 baby teeth without parental knowledge or consent?

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Is it legal for an orthodontist to remove 3 baby teeth without parental knowledge or consent?

I, his mother, was in the office lobby setting up another appointment. When I went to the back of the office where the ortho examines his patients, my son had a mouth full of gauze to stop the bleeding.

Asked on September 20, 2013 under Malpractice Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You must be very upset.  The orthodontist should have spoken with about his or her plan of action.  But are you sure that you did not sign consent forms for treatment prior to your son's being seen?  If you gave the orthodontist consent to work on your son and he needed to remove the teeth to start the work along then it may not be as you think.  Much more information is needed to see if the doctor deviated from standards in the practice.  Speak with a lawyer in your area.  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You must be very upset.  The orthodontist should have spoken with about his or her plan of action.  But are you sure that you did not sign consent forms for treatment prior to your son's being seen?  If you gave the orthodontist consent to work on your son and he needed to remove the teeth to start the work along then it may not be as you think.  Much more information is needed to see if the doctor deviated from standards in the practice.  Speak with a lawyer in your area.  Good luck.


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