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 Indiana, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in Indiana 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. Indiana's medical malpractice laws are codified in the Indiana Medical Malpractice Act (Indiana Code 34-18). This Act requires that before a lawsuit is filed in court, claims must be reviewed by a medical review panel consisting of healthcare professionals. The panel's opinion on whether the dentist acted or failed to act within the appropriate standards of care is admissible in court. Additionally, Indiana imposes a cap on damages and requires that healthcare providers have a minimum amount of malpractice insurance. It's important for plaintiffs to be aware of the statute of limitations, which in Indiana is generally two years from the date of the alleged act, omission, or neglect. An attorney with experience in dental malpractice can provide specific guidance on the nuances of Indiana law and the likelihood of success in a particular case.