The Two Biggest Ways to Avoid a Malpractice Claim (with Dr. Vic Martel, Expert Witness) Artwork

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Everyday Oral Surgery

The Two Biggest Ways to Avoid a Malpractice Claim (with Dr. Vic Martel, Expert Witness)

January 12, 2026 • Grant Stucki - oral and maxillofacial surgeon • Episode 341

Even the best clinicians can find themselves in the middle of a malpractice claim, not because they are bad dentists or surgeons, but because their documentation and follow-up were not strong enough to defend the care they provided. In this episode of Everyday Oral Surgery, host Dr. Grant Stucki welcomes back recurring guest Dr. Vic Martel, a general dentist practicing in Florida, to discuss the two most effective ways to avoid malpractice claims. They delve into the realities of dental malpractice, the true meaning of “standard of care,” and why meticulous documentation may be your strongest defense. Dr. Martel talks about his years of experience as an expert witness, the most common types of cases he sees, and how simple decisions around referrals, notes, and informed consent can significantly change outcomes for both patients and providers. Hear practical advice on preventing avoidable problems, handling complications when they do occur, and building charting habits that protect your patients, your license, and your peace of mind. Tune in now!

Key Points From This Episode:

Learn how Dr. Martel first became involved in malpractice defense work.
Uncover the biggest myths and misconceptions around being an expert witness.
Find out what “standard of care” actually means in legal terms.
Explore how poor or missing clinical notes can sink an otherwise defensible case.
Why digital templates can create a false sense of security and should not be relied on.
The trends in malpractice cases: rise in nerve injury and implant complication cases.
How Cone Beam Computed Tomography (CBCT) scans can make or break cases.
Discover a simple framework for writing better notes around complications.
Unpack the concept of “shared liability” and what not to say in front of a patient.
Insights into different defense strategies and how to effectively mitigate risk.
Understand how digital and AI tools can support documentation of informed consent.
Why phone calls and text exchanges should be documented on HIPAA-compliant platforms.
Dr. Martel’s final takeaways and advice for dentists.

Links Mentioned in Today’s Episode:

Dr. Victor Martel on LinkedIn — https://www.linkedin.com/in/victor-martel-dmd-91431922/

Dr. Victor Martel on Instagram — https://www.instagram.com/drvicmartel/

Dr. Victor Martel Email Address — martelacademy@gmail.com

Dr. Victor Martel Phone Number — 561 602 7222

Martel Academy — https://martelacademy.com/

Plaud — https://global.plaud.ai/

Epic — https://www.epic.com/

drtalk — https://www.drtalk.com/

Everyday Oral Surgery Website — https://www.everydayoralsurgery.com/

Everyday Oral Surgery on Instagram — https://www.instagram.com/everydayoralsurgery/

Everyday Oral Surgery on Facebook — https://www.facebook.com/EverydayOralSurgery/

Dr. Grant Stucki Email — grantstucki@gmail.com

Dr. Grant Stucki Phone — 720-441-6059