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 North Carolina, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in NC are similar to those outlined in the description: (1) the existence of a dentist-patient relationship, establishing a duty of care; (2) a breach of the applicable standard of care by the dentist; (3) causation linking the breach to the injury; and (4) damages resulting from the injury. The standard of care is typically based on what a reasonably prudent dentist in North Carolina would do under similar circumstances. Dental malpractice claims in NC are governed by both case law and statutes, including the North Carolina Medical Malpractice Act (N.C. Gen. Stat. §§ 90-21.11 to 90-21.19). This Act outlines specific procedures and requirements for filing a medical malpractice claim, such as the statute of limitations, which is generally three years from the date of the injury or one year from the discovery of the injury, but not more than four years from the date of the act or omission. Additionally, North Carolina requires a plaintiff to have an expert witness to establish the standard of care when the issues are not within the common knowledge of laypeople. It's important for individuals considering a dental malpractice claim in North Carolina to consult with an attorney to navigate these complex requirements.