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 Washington State, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim are similar to those outlined in the description: the dentist (defendant) must have owed a duty of care to the patient (plaintiff), breached that duty by failing to adhere to the accepted standard of dental care, and this breach must have been the proximate cause of the patient's injury. Washington follows the common law for negligence claims, which means that case law often provides the basis for establishing the elements of a dental malpractice claim. Additionally, Washington State has specific statutes that address medical malpractice, including RCW 7.70, which sets forth the legal requirements for proving negligence in health care claims. These statutes may not specifically mention dental malpractice, but they apply to all health care providers, including dentists. To succeed in a dental malpractice claim in Washington, a plaintiff typically needs to present expert testimony to establish the standard of care and to show how the dentist's actions deviated from that standard, resulting in harm.