Medical / dental malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable orthodontist in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).  If a reasonable orthodontist in the community would have disclosed the risk factors of a procedure which would appear to be the case, then your orthodontist breached the duty of due care.Damages ( monetary compensation for an injury) are required in a lawsuit for negligence.