Orthodontist Liability: Discover Your Rights

Questioner

My son had to have braces from the dentist. After wearing them for a year, the orthodontist allowed the brace to be removed and he was given a night brace. We did not think this was a good idea because we had not yet seen any positive results and we spoke to the orthodontist about this. His answer was that the night brace would correct it further. After wearing the night brace for about a year, it was also allowed to be removed, but without a good dental result. The orthodontist has since left the dental practice. We have now told the dentist that we are not satisfied with the dental result. He had an external orthodontist assess this and photos were taken. (E104.96) which we have to pay ourselves. The external orthodontist with his own practice invited us for an initial consultation, because more photos have to be taken and my son needs braces again. The health insurance no longer reimburses because the maximum amount for orthodontics has already been paid. My question is, can I hold the orthodontist/dental practice liable for this?

Lawyer

The dentist can be held liable pursuant to Article 7: 453 of the Dutch Civil Code, (...) 'The care provider must exercise the care of a good care provider in his work and must act in accordance with the responsibility incumbent on him, arising from the professional standard applicable to care providers'. The repair work offered is flexible but too late, for which you can receive compensation