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 Tennessee, dental malpractice falls under the broader category of medical malpractice as defined by state statutes. The elements of a dental malpractice claim in Tennessee are similar to those outlined in the general description of dental malpractice. Specifically, a plaintiff must establish 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. Tennessee Code Annotated § 29-26-115 outlines the requirements for establishing a claim for medical malpractice, including dental malpractice. This includes the necessity for the plaintiff to provide a qualified expert to testify that the dentist deviated from the accepted standard of care and that this deviation caused the harm. Additionally, Tennessee has a statute of limitations for filing medical malpractice claims, which is generally one year from the date the injury was discovered or should have been discovered, but no more than three years from the date of the negligent act, with certain exceptions. It is important for individuals considering such claims to consult with an attorney to understand the specific requirements and time frames that apply to their case.