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 Kentucky, dental malpractice falls under the broader category of medical malpractice. To establish a dental malpractice claim, the plaintiff must prove that the dentist owed a duty of care to the patient, breached that duty by failing to adhere to the accepted standard of dental care, and that this breach was the proximate cause of the patient's injury. Kentucky law requires that the standard of care be that of a reasonable and prudent practitioner in the same or similar community under similar circumstances. The claim must be supported by expert testimony to establish the standard of care and the breach unless the negligence is obvious to a layperson. Additionally, Kentucky has a statute of limitations for medical malpractice claims, which generally requires a lawsuit to be filed within one year of the injury or the discovery of the injury. It's important to note that Kentucky may have specific procedural requirements for initiating a malpractice claim, such as filing a complaint with a medical review panel before proceeding to court. An attorney with experience in dental malpractice can provide guidance on the specific steps and evidence needed to pursue such a claim in Kentucky.