28 augustus 2012 --Why would an orthodontist leave braces on a child's teeth for eleven years? That's what Devin Bost of Oregon says his orthodontist did to him from age 7 to 18.
Bost is suing Brad Chvatal, D.M.D., for what Bost's complaint alleges was permanent damage to his teeth, mouth and gums.
The complaint, filed Friday in Multnomah County Circuit Court, seeks $150,000 for pain and suffering, plus $35,100, which Bost's attorney, David Hollander, said his client has had to pay for corrective oral surgery and related costs.
Children typically wear braces for only one to three years, says Dr. John F. Buzzatto, president of the American Association of Othodontists, which he says is the oldest and largest dental specialty organization in the world.
Buzzatto said there may be situations where a patient may need longer treatment: A patient may have decayed teeth, such as or an overdeveloped lower jaw, or may move away from their orthodontist and "disappear for five or six years."
Still, it would be "extremely unusual for someone to wear a brace for 11 years," Buzzatto said.
“I couldn't think of a single instance where that would be the case,” he said.
Contacted by ABC News, Chvatal said privacy rules under the Health Insurance Portability and Accountability Act and confidentiality between doctors and patients prevent him from discussing the details of the case, but that it was "very complicated."
He and Bost's former orthodontist tried to give Bost "the best possible outcome," he said.
“We had a good relationship,” Chvatal said of his former patient. He said there are extenuating circ*mstances and that Bost was "moving around a lot."
Hollander said Bost did not move but remained in the area around Eugene and Cottage Grove, where Chvatal has his office, throughout the period.
Chvatal said he has submitted all relevant medical records to his insurer, the American Association of Orthodontists Insurance Company, whose experts found nothing outside the scope of standard of care. An airline claims official said the investigation was not yet completed.
Are braces themselves harmful if worn for too long?
“Not necessarily,” Buzzatto said. The problem is not so much the braces, but the increasing difficulty the wearer has in keeping their teeth clean.
“If you don't have the best hygiene, you risk decalcification of the teeth,” he said.
Patients who keep their teeth clean can wear braces for seven years and suffer no damage, he said, but added, "Not that I would advocate that."
Hollander said Bost first came under Chvatal's care in 1997, when he was seven. Over the course of 11 years, Bost visited Chvatal "periodically - I can't say regularly," the lawyer said.
As a boy growing up, Bost just did what his dentist told him to do, Hollander said.
Then in 2008, according to the complaint, Bost received "an urgent phone call" from Chvatal's office saying the brace needed to be removed immediately.
It is not known whether Chvatal's office followed custom on that occasion.
“Every time a patient's brace comes off, we sing and celebrate,” his website says.
