Episode Details

Top 5 Topics:

- When a Dental Implant Causes Permanent Numbness… and a Lawsuit

- Common Reasons Dentists Get Sued: Nerve Injuries, Wrong Tooth, and ‘Periodontal Neglect’

- Can Your Patient Secretly Record You? The Scary Truth About Phones in the Operatory

- How an Audio Recording of Informed Consent Backfired on the Dentist

- Why ‘I Didn’t Read the Form’ Can Still Win in Court: The Real Meaning of Informed Consent

(Dental Cases = Even # Episodes; OMFS Cases = Odd # Episodes)

Quotes & Wisdom:

“Informed consent is a process, not a piece of paper.”

“Records can be your best friend or your worst enemy.”

“We’re all less than perfect. If you're recording, it has to be perfect — and that’s the challenge.”

“A patient must understand it — not just hear it.”

“Comfort level matters — for both the patient and the provider.”

“Sometimes being informed means getting good news, and sometimes it means hearing what’s uncomfortable — but it’s important nonetheless.”

Questions:

00:18 — “Can audio records reveal flaws in the dentist informed consent process?”

21:10 — “Why don’t we just record all informed consent conversations with patients—wouldn’t that protect us?”

22:16 — “Is it common that written consent gets thrown out when there’s audio evidence?”

27:04 — “What risks should you include for any invasive surgical procedure like implants or extractions?”

33:34 — “What are the top 3-5 most common dental cases that end up in litigation?”

39:38 — “Could a patient be recording me legally without my knowledge during a procedure?”

40:46 — “Are there times when a patient’s secret recording becomes key evidence in a malpractice case?”

41:22 — “What should dentists understand about being recorded and how it affects legal outcomes?”

Now available on:

- Dr. Gallagher’s Podcast & YouTube Channel

- Dose of Dental Podcast #195

- Malpractice Case #6

- 11.2025

This episode is a partnership with MedPro Group, and Dr. Marc Leffler, Lead Dental Risk Consultant.

#podcast #dentalpodcast #doctor #dentist #dentistry #oralsurgery #dental #dentalschool #dentalstudent #dentistlife #oralsurgeon #doctorgallagher