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 South Carolina, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in SC 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. South Carolina law requires that the standard of care must be established by expert testimony, typically from other dental professionals. Additionally, SC has a statute of limitations for medical malpractice claims, which includes dental malpractice, generally requiring that the lawsuit be filed within three years of the date of the injury or discovery of the injury, but no more than six years from the date of the act or omission giving rise to the injury. It's important for plaintiffs to comply with pre-litigation requirements, such as filing a notice of intent to sue and an affidavit of an expert witness, before proceeding with a malpractice claim. These requirements are outlined in the South Carolina Code of Laws, particularly in Title 15 - Civil Remedies and Procedures.