$3,550,000 – Pediatric Dental Malpractice Verdict
Facts
Five-year-old A. Hernandez had a dental procedure at Rose Dental under conscious sedation. He was discharged shortly after the procedure. Concerned about his condition, his mother drove him to the emergency room. On the way there, A. Hernandez lost consciousness. Initially, the doctors were unable to revive him. After finally reaching the dentist by phone and learning which medications had been administered, doctors were able to give the appropriate antidote. The child eventually regained consciousness, waking up screaming.
Allegations/Contentions
A jury found that the owner of Rose Dental was negligent in the management and supervision of dental services provided to A. Hernandez. Allegations included failure to maintain a margin of safety in using conscious sedation drugs and failure to maintain adequate records, including the child’s medical history and ongoing vital signs during and after the treatment.
The California legislature, recognizing the dire need for a safety system, has enacted strict laws and regulations governing the use of oral conscious sedation drugs in pediatric dental procedures. This safety system includes monitoring vital signs, taking a medical history, performing pre- and post-sedation assessments, notation of the patient’s condition at discharge, and recording the rationale for sedation. The jury found that the owner of Rose Dental violated these laws.
Injuries/Damages
A. Hernandez suffered a hypoxic brain injury. As a result, he struggles with lasting emotional and cognitive impairments that affect his ability to concentrate, comprehend, reason, make decisions, and communicate. Every aspect of his daily life has been profoundly impacted.
Special Notes
“Something I didn’t know before this case was that Denti-Cal (Medi-Cal) pays more for ‘behavior management’ than ‘conscious sedation,’ almost six times more,” Vaage stated. “Here, the biller at Rose Dental admitted to making up diagnoses based on a Google search to justify the behavioral management billing code for the plaintiff. I’m still shocked.”
