Which of the following is NOT one of the four elements of malpractice?

• A. Duty
• B. Breach of duty
• C. Injury
• D. Res ipsa loquitur

Answer: (D)

In malpractice cases, you must prove four things: the dentist owed a duty of care to the patient, the duty was breached by falling below the standard of care, that breach caused the injury (causation), and there were actual damages. Res ipsa loquitur, meaning "the thing speaks for itself," is a legal doctrine used to infer negligence in situations where direct proof of the defendant’s breach is hard to come by, and the injury typically wouldn’t occur without negligence, with the defendant in control of the instrument or situation, and the patient not contributing to the harm. It is not itself one of the four elements you must establish. So the correct choice is Res ipsa loquitur. In dentistry, you might see this doctrine used to support a claim when the circumstances strongly suggest negligence, such as a surgical instrument being left in place, but even then you still need to prove duty, breach, causation, and damages.