types of providers and/or certain patients. Dentists will find such information in their state’s dental practice act that pertains to patients’ record keeping. These state laws exist to ensure the safety and protect its citizens. Remember, if something were to happen to a dentist, adequate records must be kept so that another dentist is able to understand the patient history and treatment, and be able to render any necessary treatment. In civil cases, like negligence/medical malpractice, states have time limitations for when a case can be filed. There are two statutes that pertain to this. The first is a statute of limitations which is triggered by an injury, and defines the right involved in terms of the time allowed to file a lawsuit. The second is a statute of repose which is a law that sets a maximum period, or window, in which one can wait before filing a lawsuit. A statute of repose has a stricter deadline than a statute of limitations because it may not be extended or “tolled” by fraud or discovery of injury. A statute of limitations can be tolled based on delay in discovery of the injury or fraud but cannot commence outside the statute of a repose time limit. Orthodontic treatment may last several years and post treatment observation visits for retention can add on even more time. One should take into consid-eration the above statutes, and that a majority of orthodontically treated patients are minors. Under these statutes, a minor’s right to bring an action for injuries due to negligence is tolled until the minor “Orthodontic treatment may last several years and post treatment observation visits for retention can add on even more time. One should take into consideration the above statutes, and that a majority of orthodontically treated patients are minors. Under these statutes, a minor’s right to bring an action for injuries due to negligence is tolled until the minor turns 18.” turns 18. This means that the statute of limitation or statute of repose will not start running until the minor is of legal age. Let us use an example where a state’s statute of limitation is two years and the statute of repose is five years. This would mean that once a patient knows of their negligence they have two years to file a lawsuit against the dentist that treated them negligently. 40 Spring 2016 JAOS
Journal of the American Orthodontic Society Spring 2016: Page 40
