Dental malpractice? Am I owed more than new Invisalign
Is this a breach of dental ethics? Should I be receiving a refund? (Invisalign)
Dentist skipped my Invisalign 4 trays (8 weeks) ahead of schedule. Is this malpractice or negligence?
This is long but I think context matters.
In January I went to a dentist and paid 6k for Invisalign. 18 trays total each to be worn for 2 weeks. Instead of getting them all at once i received 3 trays at a time and scheduled a visit every 6 weeks to get the next 3.
Week 10, I lost tray #5 and at my next appointment I was told to wear tray #6 an extra week. When I put in my next set a week later they were tight and painful but I was told it’s apart of the process. Over the next 2-3 months I complained about the fit and how my indicators weren’t working right. I have two indicators and one turned clear after 1 week and the other stayed blue. I was told I wasn’t wearing them long enough (I was) and that I need to wear the trays for longer than two weeks. (They also told me I only have 1 indicator instead of checking, first red flag)
Long story short, I was dismissed everytime I brought up a complaint of the fit and told I wasn’t wearing them long enough and overall felt like they were blaming me. At my last appointment I received my new set of 3 and was given trays 7, 8 and 9. I had just worn tray 14. 15 and 16. It turns out they gave me tray 11, 12, 13 after my 6th tray back in march. Meaning they skipped 4 trays (8 weeks)I called them and they said they dont know what I’m talking and and they have trays 16 and on (which I already wore and have) and don’t have tray #10. Again trying to blame me. I went to the office the next day with all my trays and they obviously had tray 10 and were missing my future trays. They even insinuated it’s my fault I didn’t tell them what tray I was on and almost made me wear past trays to get back. I fought to get a scan and new Invisalign. I have every tray I wore and the dates written out on when I wore them.
This is obviously negligence in care (i have many instances of complaining and then not checking anything) and At the time my front tooth was in pain from the aggressive moves. I planned to see an endodontist in case there’s nerve damage. My tooth feels better but still not the same. All the dentist offered is to restart the Invisalign free of charge and pay for my retainers (100$ per year). Am I owed a refund of the 6k? Is this not negligence and breach of standard of care? They are asking for all of my old aligners at my next appointment and I’m fearful they’ll keep them and throw away the evidence. Please let me know what I should do.