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 Iowa, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in Iowa 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. Iowa case law and statutes define the standards and procedures for bringing a medical malpractice claim, which includes dental malpractice. Plaintiffs must typically prove that the standard of care was not met by the dentist and that this directly resulted in harm. It is important to note that Iowa may have specific statutes of limitations and pre-suit requirements, such as expert witness certifications, that govern the filing of dental malpractice claims. An attorney specializing in medical malpractice would be able to provide detailed guidance on the nuances of Iowa law as it pertains to dental malpractice.