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Episode 774: Smart Strategies for Malpractice Prevention

The Dr. Phil Klein Dental Podcast
Guest: Dr. Marc Goldman CE Credits: 0.5 CEU
Release Date: 6/4/2026
Practice Management Work Environment and Law

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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Presenter Information: Dr. Marc Goldman

Presenter Bio
Dr. Marc Goldman Dr. Marc Goldman is 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. He teaches in a general practice residency program at Beth Israel Hospital in Newark, NJ.
Commercial Disclosure
This free Viva presentation is made possible through the continued support of Viva Learning Originals. Dr. Marc Goldman is a consultant and/or speaker for the following companies and/or organizations: Viva Learning, . Dr. Marc Goldman may receive an honorarium as compensation from the CE Supporter of this presentation and/or from Viva Learning for the time involved in preparing and delivering this online presentation.

Viva Learning is an approved AGD PACE Provider and California State Dental Board Provider of dental continuing education. Viva Learning strives to deliver balanced, objective and clinically relevant information grounded on scientific research. Lecturers who are invited to deliver Viva CE webinars are advised to substantiate their claims with research-supported data and to disclose all commitments to, or relationships with, any commercial entity within the dental industry. In many cases, lecturers are sponsored by a dental manufacturing company, which provides them with support in the form of honorarium and/or dental products and equipment in order to help with clinical presentations. Prior to each live CE webinar, lecturers are made aware of the importance of delivering their presentations without commercial bias, and where appropriate, to mention a variety of different product choices that may be relevant to the subject matter of the lecture, for the educational benefit of the participant.
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