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 Maine, 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. Maine follows the traditional elements of negligence for such claims. These elements are derived from case law rather than specific statutes that define dental malpractice. However, Maine does have statutes that govern medical malpractice claims in general, which would include dental malpractice. These statutes address issues such as the statute of limitations for filing a claim, the requirement for pre-litigation screening panels, and potential caps on damages. It is important for plaintiffs to be aware of these statutory requirements when considering a dental malpractice claim in Maine.