EPISODE · Jun 4, 2026 · 40 MIN
Ep. 774 - Smart Strategies for Malpractice Prevention
from The Dr. Phil Klein Dental Podcast · host Viva Learning LLC
How prepared is your practice to defend against a malpractice claim, and what daily documentation habits could save your career?Dr. Marc Goldman brings decades of expertise as a board-licensed periodontist, founder of a premier periodontal practice in Millburn, New Jersey, and instructor in the general practice residency program at Beth Israel Hospital in Newark. His extensive experience as a malpractice consultant provides unique insights into the vulnerabilities that lead to dental lawsuits and the protective measures every practitioner should implement.This comprehensive discussion examines the most common malpractice triggers in dentistry, with particular focus on periodontal disease diagnosis and documentation failures. Dr. Goldman shares real cases from his consulting work, revealing how seemingly minor oversights in medical history review, treatment planning documentation, and patient communication can escalate into costly legal battles. The conversation addresses practical strategies for risk reduction while maintaining quality patient care.Episode Highlights:Comprehensive medical history review requires line-by-line documentation of changes, medications, and surgical procedures, as patients often fail to recognize connections between medical conditions and dental treatment needs. Missing critical information like valve replacements or anticoagulant therapy can lead to serious complications and malpractice exposure.Periodontal disease remains the number one malpractice claim in dentistry, with failure patterns including inadequate six-point pocket charting, missing periodontal diagnoses despite five to seven millimeter pocket depths, and absence of appropriate scaling and root planing or specialist referrals when indicated.Documentation of all treatment options protects against claims of inadequate informed consent, requiring practitioners to present comprehensive treatment plans including implant, fixed, removable, and no-treatment options regardless of perceived patient financial limitations or preferences.Medication interactions and contraindications demand heightened awareness, particularly with SSRIs affecting bone healing in implant cases, antibiotic side effects like tendon rupture with ciprofloxacin, and drug rehabilitation medications impacting surgical outcomes.Financial agreements and insurance communication must be documented in writing with clear patient acknowledgment, including pre-authorization limitations, payment schedules, and laboratory cost coverage to prevent collection disputes from escalating to malpractice claims.Perfect for: General dentists seeking malpractice prevention strategies, specialists managing referral relationships, practice owners developing risk management protocols, and dental residents preparing for independent practice.Learn from decades of malpractice consulting experience to protect your practice and strengthen your patient relationships through better documentation and communication.
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What this episode covers
In today’s episode, we’re focusing on what every dental practice can do to reduce the risk of being sued and the daily steps you can take to stay prepared—strengthen your documentation and give yourself the best chance to defend your practice if a claim arises. Our guest is Dr. Marc Goldman, a board licensed periodontist with leadership in periodontal and implant therapy. He is the founder and long-time owner of a premier periodontal practice in Millburn NJ. Dr. Goldman teaches and is a consultant on dental malpractice. Thanks to our episode sponsors: NSK America - https://www.nskdental.com/ BISCO - https://www.bisco.com/
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Ep. 774 - Smart Strategies for Malpractice Prevention
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