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 Oklahoma, dental malpractice or negligence claims are a type of professional negligence that falls under the broader category of medical malpractice. The elements of a dental malpractice claim in Oklahoma typically include establishing that the dentist owed a duty of care to the patient, the dentist breached that duty by failing to adhere to the accepted standard of dental care, and this breach was the proximate cause of the patient's injury. Oklahoma statutes and case law govern these claims, and plaintiffs must prove that the dentist's actions or omissions directly resulted in harm. It is important for plaintiffs to be aware that Oklahoma has a statute of limitations for filing medical malpractice claims, which includes dental malpractice. This time limit is generally two years from the date the plaintiff knew or should have known of the injury. Additionally, Oklahoma may have specific pre-suit notice requirements and may require an affidavit of merit from a qualified expert to accompany the filing of the lawsuit. An attorney specializing in medical malpractice would be able to provide detailed guidance on the nuances of pursuing such a claim in Oklahoma.