If my son had braces that possibly misaligned his jaw and now causes pain, what should be course of action be?

UPDATED: Sep 30, 2022

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If my son had braces that possibly misaligned his jaw and now causes pain, what should be course of action be?

My son is now 19. He had braces on his teeth for over a year and about 3 years ago they were taken off. They straightened his teeth but now it appears that they are not correctly aligned and within the last year he began complaining about persistent jaw pain. I was thinking of going to different orthodontist to obtain a diagnosis in order to attempt to place blame of his current condition on the previous orthodontist. Is this a good course of action or is it best to obtain legal representation from the beginning if I at all have a case?

Asked on August 30, 2016 under Malpractice Law, California


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

Answered 6 years ago | Contributor

Although obtaining a diagnosis from another orthodontist and dental report which may support your son's malpractice claim is the appropriate course of action, you should contact an attorney first and immediately because the statute of limitations is rapidly approaching. 
The statute of limitations in CA for filing a lawsuit in a medical or dental malpractice case is one year after you discover or through the use of reasonable diligence should have discovered the injury or three years from the date of injury whichever comes first.
If the statute of limitations tolls (expires), your son will lose his rights forever in the matter.

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