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 Pennsylvania, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in PA are similar to those outlined in the description: the dentist must be the defendant; the claim must involve treatment, lack of treatment, or a deviation from accepted dental care standards; the dentist owed a duty of care to the patient; there was a breach of that duty by not meeting the standard of care; and the breach was the proximate cause of the patient's injury. Pennsylvania case law, as well as statutory law, provides the framework for these claims. The Pennsylvania Medical Care Availability and Reduction of Error (MCARE) Act is particularly relevant, as it establishes standards for medical negligence and procedures for filing claims. To pursue a dental malpractice claim in PA, the plaintiff typically must provide a certificate of merit from a qualified professional indicating that the dental care provided fell below acceptable standards and caused harm to the patient.