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 New Jersey, dental malpractice falls under the broader category of medical malpractice. To establish a dental malpractice claim, the following elements must be proven: (1) the existence of a dentist-patient relationship, establishing a duty of care; (2) a breach of the accepted standard of dental care by the dentist; (3) a causal connection between the dentist's breach and the patient's injury; and (4) actual damages resulting from the injury. New Jersey case law, as interpreted by the courts, provides the framework for these elements. Additionally, New Jersey statutes may define and regulate claims against healthcare providers, including dentists. It is important to note that New Jersey has a statute of limitations for filing medical malpractice claims, which is generally two years from the date of the alleged act of malpractice. However, there are exceptions that can extend this period. Plaintiffs in New Jersey may also need to comply with the Affidavit of Merit statute, which requires an affidavit from an appropriately licensed professional to support the claim that there exists a reasonable probability that the care, skill, or knowledge exercised or exhibited by the healthcare provider fell outside acceptable professional standards. Consulting with an attorney who specializes in malpractice law is crucial to navigate the complexities of these claims.