How to File a Complaint Against an Orthodontist

Filing a complaint against an orthodontist is not difficult once you have the necessary information. Try to exhaust all other avenues before filing a complaint against an orthodontist and check the terms of your contract, if you signed one prior to beginning treatment. Your orthodontist should live up to your initial agreement and provide you with a reasonable standard of care. If s/he has not done so, then you are fully justified in filing a complaint.

Difficulty: Moderately Challenging

Instructions

Things You'll Need:

• Signed contract
• E-mail messages, voice messages, notes from appointments
• Photographs (before, during, and after treatment)
• Office of Professional Discipline contact information

1. Prepare your case. Think about why you are not satisfied with the level of service provided. Did the end result differ from the expected results discussed during your initial consultation? Were your expectations for your orthodontic treatment realistic? Were you charged additional fees over the course of the treatment? Review e-mails, voice mails, a signed contract, photographs, and/or notes from office visits or discussions. You will need these to file a complaint against an orthodontist but should explore the following steps first. Take notes and identify areas where your orthodontist may have failed to provide a certain level of service.

2. Get a second (or third) opinion. Find 1-2 orthodontists that provide free consultations and schedule appointments. Ask the orthodontists what course of treatment they would recommend. Do they believe that your teeth and smile could be improved? Ask for a fee quote, and ask what the fee would cover. Explain your previous treatment thus far and concerns. Good orthodontists may provide suggestions for how to proceed before you file a complaint against an orthodontist.

3. Speak with your orthodontist. Before you file a complaint against your orthodontist, speak with him/her about your treatment. Discuss your initial expectations and why you are disappointed with the level of service you received. Refer to the notes you prepared during step 1. Ask your orthodontist to resume or continue treatment, at no additional charge, to address your concerns. If your orthodontist balks or refuses to do so, calmly inform them that you will explore alternatives and may file a complaint. If your orthodontist is open to discussion but wishes to charge a fee, you may consider negotiating.

4. Request a peer review. Your state's dental society (see Resource section below for link) will assemble a group of peers to review your case (including whether the fee charged was excessive), meet with both you and your orthodontist, and recommend an outcome. They may even file a complaint against an orthodontist after they conclude their review.

5. File a complaint. Each state has different agencies that oversee orthodontists. In New York, the Education Department oversees professional misconduct and discipline for orthodontists (see link in Resource section below). Review the procedures and forms that you will need to complete in order to file a complaint against an orthodontist.

6. Explore litigation. As a last resort, if you are not satisfied with the outcome of steps 4 and 5, you may want to consider suing your orthodontist. As this is an expensive option, try to obtain a free consultation from a lawyer to determine whether or not you have a potential case.

Tips & Warnings

• Try to communicate with your orthodontist in writing and keep copies of all correspondence. If via e-mail, request a read receipt and retain it for your records. If sending via snail mail, send letters by certified mail.
• Be careful about posting negative messages on the internet--stick to the facts and do not personally attack your orthodontist. You can share your negative experience by word-of-mouth and warn others considering orthodontic treatment.
• Once you begin the process to file a complaint against an orthodontist, your relationship with your orthodontist will probably change. Be prepared and determine whether or not you wish to continue treatment with your current orthodontist or would prefer to get a new one.

Resources

• More dental complaint resources
• List of state dental organizations

[bradd]

on 8/29/2009 It has taken me so long to find a forum and not sure of the date this started, but I would appreciate advice,basically after invisilign not working the ortho said I should have had braces, and that it would be a few more thousand!! As of now I don't have the invisilgn retainer as the doctor says he needs more molds, however my teeth have begun to shift back, and I feel this to be counterproductive. At the very minimum I think I should have the retainer made from the last set of aligners.

Okay enough said, but its frustrating to say the least , and who to complain to? Any advice please email me [e-mail] I really would like to know the next step, and as of now, the office visit was awful today, was in the waiting room for an hour and a half then given retainers that fell right off, not the correct ones, again excuses from the ortho, what the heck can I do?? Thanks

[lastgunslinger]

on 2/12/2009 Interesting advice for anyone who's having trouble with their Orthodontist. 5*!