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 Vermont, dental malpractice or negligence claims are a type of professional malpractice governed by both case law and statutes. The elements of a dental malpractice claim in Vermont typically include establishing that the dentist owed a duty of care to the patient, the dentist breached this duty by failing to adhere to the accepted standards of dental care, and this breach was the proximate cause of the patient's injury. Vermont may have specific statutes that address the standards of care for health care providers, including dentists, and outline the procedures for filing a malpractice claim. Additionally, Vermont's statutes of limitations set deadlines for when a dental malpractice lawsuit must be filed. It is important for plaintiffs to adhere to these timelines and procedural rules to maintain a viable claim. An attorney specializing in medical malpractice or personal injury law in Vermont would be able to provide detailed guidance on the specifics of filing a dental malpractice claim in the state.