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 York, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in New York are similar to those outlined in the description: (1) the existence of a dentist-patient relationship establishing a duty of care, (2) a departure from the accepted standard of dental care, (3) a breach of that duty by the dentist, and (4) a causal connection between the breach and the patient's injury, resulting in damages. New York case law, as well as statutory provisions, guide the establishment of these elements. Specifically, the New York Civil Practice Law and Rules (CPLR) Article 30 and Public Health Law § 2801-d provide the procedural and substantive framework for medical malpractice claims, including dental malpractice. It is important for plaintiffs to comply with the specific procedural requirements, such as the statute of limitations, which is generally 2 years and 6 months from the date of the alleged malpractice or from the end of continuous treatment. Additionally, New York law requires a plaintiff to file a certificate of merit alongside the lawsuit, indicating that a qualified medical expert has reviewed the case and believes there is a reasonable basis for the malpractice claim.