How to Avoid a Lawsuit or Board Complaint for DUMB REASONS in Braces or Invisalign

I. Introduction

• Dr Amanda from StraightSmile Solutions wraps up her liability series with the “dumb dumb” reasons for lawsuits.
• These are inexcusable, often laughable mistakes, but they happen.
• Good news: They’re entirely avoidable with basic attention to detail.

II. Pathology – Unforgivable

• Take a pano or CBCT. If you see anything suspicious (cyst, ameloblastoma, etc.), do NOT start ortho.
• Refer for radiology or take additional X-rays (PA with shift, occlusal).
• You are responsible for reading your own X-rays. Don’t start a case with any chance of pathology.

III. IPR Done Wrong

• Using a bur too aggressively can remove too much enamel or cut gums/lips.
• Stick with fine strips (slow and safe) instead of rushing with discs or burs.
• Most orthodontists avoid burs for a reason. Take your time.

IV. Allergies – Latex and Nickel

• Latex allergy: non-latex elastics are junk. Avoid elastic-based mechanics altogether.
• Nickel allergy: girls usually know from jewellery; boys may not. If suspected, send for testing and get a written release.
• Alternative: ceramic brackets with nickel-free wires (still trace nickel) or switch to Invisalign.

V. Chemical Burns (Etch) and Swallowed Objects

• Etch burns that scar can lead to payouts. Be careful.
• Swallowing foreign objects (e.g., from “mousetrap” mechanics) is a known lawsuit trigger.
• Dr Amanda avoids complicated auxiliary mechanics entirely.

VI. General Sloppiness

• Failing to document chief complaint, diagnosis, treatment plan, informed consent, and P.A.R.? (Procedures, Alternatives, Risks, Questions).
• Rushing the treatment conference without giving patients a chance to ask questions.
• Not signing and dating the consent form yourself.

VII. The Bottom Line

• Ortho is fun and not hard if you are detail-oriented and not sloppy.
• Phase One interceptive remains the safest path.
• Don’t rush. Document everything. And never start a case you’re not sure about.