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 Oregon, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in Oregon 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 accepted standard of dental care by the dentist, (3) causation linking the dentist's breach to the patient's injury, and (4) actual damages resulting from the injury. Oregon law requires that the standard of care be that of a reasonable dentist in similar circumstances. Dental malpractice claims in Oregon are subject to a two-year statute of limitations from the date of injury or discovery of injury, but in no event more than five years from the date of the act or omission causing the injury, as per ORS 12.110. Additionally, before filing a lawsuit, a plaintiff may be required to provide the defendant with a notice of intent to sue and engage in a period of discussion, as mandated by ORS 31.740. It is important for anyone considering such a claim to consult with an attorney to understand the specific requirements and to ensure that their rights are protected.