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 Mississippi, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in Mississippi 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. Mississippi law requires that before a medical malpractice lawsuit can be filed, a plaintiff must provide a pre-suit notice to the defendant at least 60 days before filing the claim. Additionally, Mississippi has a statute of limitations for filing medical malpractice claims, which is generally two years from the date the alleged act of malpractice occurred, but there are exceptions that can extend this period. It's important to note that Mississippi also caps non-economic damages in medical malpractice cases. For more specific guidance and to ensure compliance with all relevant laws and regulations, it is advisable to consult with an attorney who specializes in malpractice law.