Although obtaining a diagnosis from another orthodontist and dental report which may support your son's malpractice claim is the appropriate course of action, you should contact an attorney first and immediately because the statute of limitations is rapidly approaching. The statute of limitations in CA for filing a lawsuit in a medical or dental malpractice case is one year after you discover or through the use of reasonable diligence should have discovered the injury or three years from the date of injury whichever comes first.If the statute of limitations tolls (expires), your son will lose his rights forever in the matter.