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 Hawaii, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in Hawaii are similar to those in other states and include: (1) the existence of a dentist-patient relationship, establishing a duty of care; (2) a breach of the standard of care by the dentist; (3) causation, meaning the breach of the standard of care was the proximate cause of the patient's injury; and (4) damages, which are the actual injuries suffered by the patient. Hawaii Revised Statutes §671-1 et seq. governs medical malpractice claims, including dental malpractice. These statutes outline the procedural requirements for filing a claim, such as the statute of limitations, which is generally two years from the date of the injury or discovery of the injury, and the requirement for a preliminary determination of the case's merit by a medical inquiry panel before proceeding to court. Additionally, Hawaii follows a modified comparative negligence rule, which allows a plaintiff to recover damages only if their fault is less than 50 percent. If the plaintiff is found to be 50 percent or more at fault, they cannot recover any damages.