Algorithm v. Attorney: Dental Practice Owners Who Look to AI For Legal Advice Are Looking For Trouble

Jordan Uditsky • June 3, 2026

 

Algorithm v. Attorney: Dental Practice Owners Who Look to AI For Legal Advice Are Looking For Trouble

Like other professionals and business owners across almost every industry, dental practice owners are understandably drawn to the siren song of artificial intelligence (AI). Dental practices are increasingly using AI-driven platforms for scheduling, marketing, patient communications, and operational efficiency. All of these applications offer the promise of both better patient care and stronger bottom lines. 


Seeing the benefits of AI in these back-office and clinical contexts, practice owners may be tempted to turn to these tools for other needs, including legal guidance. Given the ever-increasing power and sophistication of generative AI, relying on an algorithm rather than an attorney for matters such as the preparation of employment policies, partnership agreements, HIPAA compliance, leases, and practice acquisitions can seem like a safe, cost-effective bet.


It isn’t. 


While it may appear self-serving for me, an experienced dental practice lawyer, to bash AI and expound upon the dangers of using it for legal advice and services, it isn’t the fear of competition or obsolescence that drives the warnings I discuss here. Instead, it is a legitimate concern about the profound risks to clients when they entrust their complex, multifaceted, and ever-changing legal, professional, and financial affairs to a machine. 


The Law Has No Margin For Error, AI Makes A Lot of Them


Dental practices operate in a highly regulated environment. Owners must comply with federal and state laws governing healthcare privacy, employment practices, professional licensing, billing, fraud and abuse, OSHA requirements, corporate practice restrictions, and more. Legal obligations can vary dramatically depending on the state in which the practice operates, the ownership structure, and the specific facts involved. AI tools are not equipped to provide the nuanced, state-specific legal analysis necessary to protect a dental practice from liability.


One of the biggest problems with relying on AI for legal guidance is that AI systems can and frequently do produce inaccurate or incomplete information. AI tools generate responses based on patterns in existing data, but they do not independently verify whether the information is current, applicable, or legally correct. The myriad laws, rules, and regulations that intersect with the practice and business of dentistry change frequently, especially in areas such as employment law, healthcare regulations, and data privacy. An AI-generated answer may sound authoritative while containing outdated or incorrect legal conclusions. A dental practice owner who relies on that information could find themselves easily and unknowingly violating the law.


For example, a practice owner may ask AI to draft an employee handbook policy regarding overtime or employee classification. If the AI provides guidance that does not comply with current federal or state wage-and-hour laws, the practice could face wage claims, penalties, audits, or class-action litigation. Similarly, AI-generated advice regarding independent contractor relationships may fail to account for state-specific tests or recent legislation governing worker classification, exposing the practice to tax liability, civil fines, or employment claims.


AI May Understand Many Things, But It Doesn’t Get You


The law doesn’t exist in a vacuum. How the law works in the real world, how it intersects with your specific circumstances, business model, market conditions, and unique concerns or objectives, is not something that the zeroes and ones of AI can appreciate and address. Two dental practices may face the same general issue but require entirely different legal solutions, depending on ownership arrangements, staffing models, insurance participation, contractual obligations, and other factors. An experienced attorney won’t just regurgitate the law; they will be able to analyze and apply it precisely to you and your needs.


Put another way, legal representation involves much more than answering isolated questions. Attorneys help clients assess risk, negotiate agreements, anticipate future disputes, and make strategic decisions that align with business objectives. In many cases, the best legal advice is not simply whether something is technically permissible, but whether it is wise under the circumstances.


Let’s say you are considering a practice sale or acquisition. You prompt ChatGPT or Claude to provide a generic checklist or a template letter of intent or purchase agreement. AI can certainly do that for you. But it can’t perform the detailed due diligence that is an indispensable part of the proposed transaction. It can’t uncover or address potential problems involving restrictive covenants, unpaid taxes, billing compliance concerns, defective lease provisions, or improper corporate structures. Missing these issues during a transaction can create enormous financial exposure after closing.


Are you interested in speaking with one of our attorneys? Click here to contact us now.


There is No AI-Client Privilege


Confidentiality and privilege are cornerstones of a productive attorney-client relationship. Many dental practice owners do not realize that the attorney-client privilege may not protect information they enter into AI platforms. When communicating with a licensed attorney, sensitive discussions about potential legal issues are generally protected from disclosure. Conversations with AI systems typically are not. Entering confidential business information, employment disputes, patient issues, or transaction details into an AI platform could create privacy and security risks.


This concern is particularly important for dental practices because they routinely handle protected health information (PHI) and other sensitive data. Even if patient names are omitted, sharing details about treatment disputes, employee incidents, or compliance concerns with an AI system could raise serious privacy questions. Attorneys are ethically and legally obligated to safeguard client information. AI platforms do not owe the same professional duties.


AI Can Get It Wrong, But It Can’t Commit Malpractice


Accountability is another major distinction between attorneys and AI. If AI provides incorrect guidance that harms your practice or exposes you to liability, there is typically little or no recourse. AI providers generally disclaim liability for errors in their terms of use. In contrast, attorneys are licensed professionals subject to ethical obligations and professional standards. Attorneys carry malpractice insurance and are accountable for the advice they provide. That accountability matters when a practice owner is making decisions with serious financial and legal consequences.


As noted, this does not mean AI has no place in a dental practice. But thinking that you can save a few dollars by typing a query into your laptop instead of sending an email to your lawyer is the epitome of penny-wise, pound-foolish. Employment disputes, regulatory violations, poorly drafted contracts, partnership conflicts, and compliance failures can result in far greater costs in litigation, government investigations, financial penalties, and reputational damage.


In an industry as regulated and risk-averse as dentistry, and given that everything you have worked so hard to build can turn on the legal advice you rely upon, don’t be seduced by AI hype. The legal counsel that an experienced dental practice attorney can provide is simply not a corner that you can responsibly cut without an unacceptable amount of risk. 


At Grogan, Hesse & Uditsky, we focus a substantial part of our practice on providing exceptional legal services for dentists and dental practices, as well as orthodontists, periodontists, endodontists, pediatric dentists, and oral surgeons. We bring unique insights and deep commitment to protecting the interests of dental professionals and their practices and welcome the opportunity to work with you. 


Please call ddslawyers.com at (630) 833-5533 or contact us online to arrange for your complimentary initial consultation.


Jordan Uditsky, an accomplished businessman and seasoned attorney, combines his experience as a legal counselor and successful entrepreneur to advise dentists and other business owners in the Chicago area. Jordan grew up in a dental family, with his father, grandfather, and sister each owning their own dental practices, and this blend of legal, business, and personal experience provides Jordan with unique insight into his clients’ needs, concerns, and goals.


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