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 Colorado, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in Colorado are similar to those outlined in the description: (1) the existence of a dentist-patient relationship, establishing a duty of care; (2) the dentist's breach of the accepted standard of dental care; (3) a causal connection between the dentist's breach and the patient's injury; and (4) damages resulting from the injury. Colorado law requires that the standard of care be that of a reasonable dentist in the same community. To succeed in a dental malpractice claim, the plaintiff must typically present expert testimony to establish the standard of care and to show how the dentist's actions deviated from that standard. Additionally, Colorado has specific statutes that govern medical malpractice claims, including dental malpractice, such as the requirement to file a certificate of review shortly after the lawsuit is initiated, confirming that the claim has been reviewed by a medical expert who believes the case has merit. The Colorado Revised Statutes and case law developed by Colorado courts provide the framework for dental malpractice claims in the state.