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 California, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim 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 standards of dental care, and this breach must have been the proximate cause of the patient's injury. California law requires that the plaintiff prove all these elements to establish a dentist's liability for malpractice. Additionally, California has specific procedural requirements for medical malpractice claims, such as a statute of limitations, which is generally one year from the date the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, or three years from the date of injury, whichever occurs first. There is also a requirement for plaintiffs to provide a 90-day notice of intent to sue before filing a lawsuit. These and other relevant rules are codified in California's Civil Code and Code of Civil Procedure, as well as being interpreted through case law.