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 Connecticut, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in Connecticut 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. Connecticut law requires that the standard of care be that of a reasonably prudent dental professional in the same situation. To establish a claim, the plaintiff typically needs to present expert testimony to demonstrate what the standard of care is and how the dentist deviated from it. Additionally, Connecticut has a statute of limitations for medical malpractice claims, which generally requires that a lawsuit be filed within two years from the date the injury is sustained or discovered, but not more than three years from the date of the act or omission complained of. It's important for anyone considering such a claim to consult with an attorney to understand the specific requirements and timelines that apply to their case.