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L'Orthodontie Française

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Orthodontic treatment failure: the advice of a forensic expert Volume 87, issue 1, 88e réunion scientifique de la S.F.O.D.F., Marseille, 13–14 mai 2016

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* Auteur pour correspondance : tricotblestel@yahoo.fr

If patients consider that their orthodontic treatment is a failure, they can claim compensation from their practitioner. Most often, discontented patients call on their third-party liability insurance when they are covered for “legal expenses protection”. The patient’s insurance company will then get in touch with the practitioner’s insurance firm. Three-quarters of all claims are dealt with by the insurance companies. However, if an agreement cannot be reached or if the practitioner’s insurance company manages to establish that he/she is not at fault, the patient can apply to the Tribunal de Grande Instance, the French Regional Court. The judge appoints a forensic expert who will examine the patient and follow a very precise procedure involving a dozen different questions. The advice of the forensic expert is therefore very valuable to orthodontists, in particular regarding their duty to inform patients and the importance of the medical file in order to avoid being held accountable following a course of treatment.