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 Wisconsin, dental malpractice falls under the broader category of medical malpractice. The elements of a dental malpractice claim in Wisconsin 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 care by the dentist, (3) causation linking the breach to the patient's injury, and (4) actual damages resulting from the injury. Wisconsin case law and statutes, such as Wisconsin Statutes section 655.005, define the standards and procedures for medical malpractice claims, which include dental malpractice. It is important to note that Wisconsin has a statute of limitations for medical malpractice claims, generally requiring that a lawsuit be filed within three years of the date of the injury or one year from the date the injury was discovered, whichever is later, but not more than five years from the date of the act or omission. Additionally, Wisconsin law requires a plaintiff to file a certificate of merit from a qualified health care professional to support the claim of a breach in the standard of care. An attorney specializing in medical malpractice can provide specific guidance and representation in such cases.