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 Ohio, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in Ohio 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 standard of care by the dentist, (3) a causal connection between the breach and the patient's injury, and (4) actual damages resulting from the injury. Ohio law requires that the standard of care must be established by expert testimony, which is typically provided by another dentist or dental expert. Additionally, Ohio has a statute of limitations for medical malpractice claims, including dental malpractice, which generally requires a lawsuit to be filed within one year of the date the cause of action accrued, but there are certain circumstances that can extend this period. It is important for plaintiffs to comply with pre-suit notice requirements and other procedural mandates outlined in Ohio Revised Code Chapter 2305. Plaintiffs may also need to consider the possibility of damage caps on non-economic damages in medical malpractice cases, as provided by Ohio law.