Dental malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable dental practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).Prior to filing a lawsuit for negligence against the first orthodontist, it may be possible to settle the case with his malpractice insurance carrier.Your claim filed with the malpractice insurance carrier should include your dental bills,  dental reports, and if applicable documentation of any wage loss.Compensation for the dental bills is straight reimbursement.  The dental reports will be used to determine compensation for pain and suffering which is an amount in addition to the dental bills.  Obtain the dental reports from both orthodontists.  Compensation for wage loss is straight reimbursement.If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the first orthodontist.If the case is NOT settled with the malpractice insurance carrier, your lawsuit for negligence against the first orthodontist must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.