Dental Malpractice Case #3 with Dr. Marc Leffler of MedPro Group - Dose of Dental Podcast #166

Top 5 Topics:

- OMFS Sedation Complications – Deep sedation gone wrong, patient safety risks, and what every patient & provider should know before anesthesia

- Receptionist Gave Medical Advice – Role limitations of non-clinical staff in medical decisions

- Consent-to-Settle Process – The insurance clause that can decide legal process

- Surgeon vs. Anesthesiologist – Inside the legal battle when both providers are sued after a patient’s death

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

Quotes & Wisdom:

"Only the doctor should be giving advice about medical conditions, medications, and complications — never non-clinical staff."

"In court, authenticity wins over arrogance — jurors can sense the difference instantly."

"Every clinical decision should be made as if it might one day be explained to a jury."

"A consent-to-settle policy lets you control your destiny — you can choose to fight when you believe you did nothing wrong."

"The same drug dose can put one patient into light sedation and another into deep sleep — the body doesn’t always read the book."

"Litigation often starts by throwing everything at the wall to see what sticks — and that can mean targeting multiple providers."

"Managing both surgery and anesthesia is not just technically challenging — it’s physiologically more stressful for the surgeon."

"Your demeanor on the stand can make or break your defense — preparation with your lawyer is essential."

"Being prepared for the unexpected in anesthesia is as important as preventing it."

Questions:

(10:38) How often do cases arise where non-professional staff give medical advice, and how does that impact legal responsibility?

(27:49) Why would a plaintiff still pursue a surgeon who wasn’t performing anesthesia under the “captain of the ship” theory?

(29:57) Does separating anesthesia and surgery reduce litigation risk, or will lawsuits target both parties regardless?

(33:35) How should ASA classification subjectivity influence sedation depth and case planning?

(35:55) Does the specific dosage of propofol and Versed change the medico-legal evaluation of an adverse event?

(39:19) Is having a “consent to settle” provision in malpractice insurance better than leaving the decision to the carrier?

(43:45) How should a surgeon’s demeanor, humility, and confidence be balanced when testifying in court?

(47:53) What are the challenges and physiological impacts of performing both anesthesia and surgery as an oral surgeon?

Now available on:

- Dr. Gallagher’s Podcast & YouTube Channel

- Dose of Dental Podcast #166

My watch in this episode = Tag Heuer Aquaracer Calibre 16 Chrono

- 8.2025

This episode is a partnership with MedPro Group.

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