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 Wyoming, dental malpractice or negligence claims are similar to other personal injury claims and are based on the principles of negligence. To establish a dental malpractice claim in Wyoming, the following elements must be proven: (1) the existence of a dentist-patient relationship, establishing the dentist's duty of care; (2) a breach of the standard of care by the dentist; (3) causation linking the dentist's breach to the patient's injury; and (4) actual damages resulting from the injury. Wyoming does not have specific statutes that define dental malpractice separately from medical malpractice. Instead, dental malpractice falls under the broader category of medical malpractice, which is governed by both state statutes and case law. The Wyoming Medical Malpractice Act outlines the procedures and requirements for filing a medical malpractice claim, including pre-litigation panels and caps on non-economic damages. It is important for plaintiffs to adhere to these statutory requirements, as well as to the statute of limitations, which sets a time limit for filing a claim. An attorney with experience in medical malpractice can provide guidance on the specifics of filing a dental malpractice claim in Wyoming.