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 Missouri, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in Missouri are similar to those outlined in the description: the dentist must be the defendant; the claim must involve treatment, lack of treatment, or a departure from accepted dental care standards; the dentist owed a duty of care to the patient; there was a breach of that duty by not meeting the standard of care; and the breach was the proximate cause of the patient's injury. Missouri case law, which includes court opinions, helps define negligence and the standard of care expected from dental professionals. Additionally, Missouri statutes may provide specific provisions regarding healthcare liability claims, which would include dental malpractice. It is important for plaintiffs to establish all these elements to succeed in a dental malpractice claim. An attorney specializing in medical malpractice would be able to provide more detailed information and guidance on pursuing such a claim in Missouri.