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 Mexico, 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; the dentist's breach of the accepted standard of dental care; a causal connection between the dentist's breach and the patient's injury; and actual harm or injury to the patient. New Mexico follows the Medical Malpractice Act (MMA), which sets forth specific procedures and requirements for medical malpractice claims, including those against dentists. This includes pre-litigation screening panels and potential caps on damages. It is important to note that New Mexico case law, as well as state statutes, may influence the interpretation and application of these elements. Plaintiffs considering a dental malpractice claim should consult with an attorney to navigate the complexities of New Mexico's medical malpractice laws and to ensure compliance with procedural requirements.