Laws vary from state to state, but the elements of a liability claim for dental malpractice or negligence by a dentist are generally:

• a dentist is a defendant;

• the claim or claims at issue concern treatment, lack of treatment, or a departure from accepted standards of dental care;

• the defendant owed the plaintiff a duty of care;

• the defendant breached its duty of care by not meeting the required standard of care; and

• the defendant’s act or omission proximately caused the plaintiff’s injury (was the primary cause of the injury).

A claim for dental malpractice or negligence by a dentist may be brought as a simple negligence action based on the elements of a negligence claim—which are often located in a state’s court opinions (also known as case law or common law).

And in some states a claim for dental malpractice or negligence by a dentist may be defined by the state legislature in the state’s statutes—whether broadly as a health care liability claim against a health care provider, or more specifically as a claim for dental malpractice against a dentist.

In Alabama, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in Alabama are similar to those outlined in the description: the dentist (defendant) must have owed a duty of care to the patient (plaintiff), breached that duty by failing to adhere to the accepted standard of dental care, and this breach must have been the proximate cause of the patient's injury. Alabama's medical malpractice laws are codified in the Alabama Medical Liability Act of 1987 (Ala. Code §§ 6-5-480 et seq.), which applies to healthcare providers, including dentists. This Act outlines the specific procedures and standards for bringing a malpractice claim, including the requirement for an affidavit of merit from a similarly situated healthcare provider. Additionally, case law in Alabama also shapes the application and interpretation of these statutes. It is important for plaintiffs to adhere to the statutory requirements, such as the statute of limitations, which is generally two years from the date of the alleged malpractice. An attorney specializing in medical malpractice would be able to provide specific guidance on the nuances of Alabama law as it pertains to dental malpractice claims.