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 Minnesota, dental malpractice falls under the broader category of medical malpractice. To establish a dental malpractice claim, the following elements must be proven: the existence of a dentist-patient relationship establishing a duty of care, a breach of the standard of care by the dentist, causation linking the breach to the patient's injury, and actual damages resulting from the injury. Minnesota law requires that the standard of care be that of a reasonable dentist under similar circumstances. If a dentist fails to meet this standard and causes harm to a patient, they may be held liable for dental malpractice. Claims must be filed within the statute of limitations, which is generally four years from the date of the malpractice. Additionally, Minnesota has specific procedural requirements for medical malpractice claims, such as the need for an affidavit of expert review to be filed along with the lawsuit, which must state that a qualified expert has reviewed the case and believes there is a reasonable basis for the claim. These requirements are outlined in Minnesota Statutes, particularly in sections dealing with health-related licensing boards and tort actions.