Twilight Anesthesia Dental Lawsuits for Pediatric Patients: Know Your Legal Options
Anesthesia errors shouldn’t cost lives. We’re here to stand up for your family.No parent ever expects their child’s life to be at risk during a visit to the dentist. As a parent or guardian, it’s natural to want the best care for your child. You trust dental professionals to provide the proper care, follow safety protocols, and ensure your child’s well-being. But what happens if something goes wrong during the procedure?
Pediatric dental twilight anesthesia is often used to help young children feel calm and comfortable during procedures that might otherwise cause them anxiety or distress. However, while twilight anesthesia is generally considered safe, there are risks that, when not properly managed, can lead to serious complications.
If your child has experienced an injury following a dental procedure involving anesthesia, or if the worst has happened, you may be left wondering how this possibly could have happened and what your legal options are going forward.
For more than 35 years, Vaage Law has been by the side of families facing unimaginable grief and frustration. We’ve fought to ensure that injured children get the care they need and that responsible parties are held accountable.
Our mission goes beyond securing financial support; we’re committed to helping bring about real change, ensuring that no other child or family has to go through what you’ve experienced. Reach out to us online or by calling (619) 338-0505 today to learn more about how a dental anesthesia injury lawyer can help you.
What Is Pediatric Twilight Anesthesia?
Pediatric twilight anesthesia, often referred to as “conscious sedation,” is a lighter form of anesthesia used to help children relax during dental procedures. Unlike general anesthesia, where the patient is completely unconscious, twilight anesthesia keeps the child semi-conscious.
This means they can still respond to verbal cues, but they are deeply relaxed and unaware of the procedure taking place. It’s typically administered through medication that calms the child without putting them fully to sleep.
For many children, visiting the dentist can be a stressful experience, and twilight anesthesia helps ensure they feel safe and comfortable. It’s especially useful for younger children who may not be able to cooperate with dental procedures due to age or fear.
This approach allows the dentist to perform necessary treatments while minimizing discomfort and distress for the child.
Is Twilight Anesthesia Dangerous?
While twilight anesthesia is generally considered safe, like any medical procedure, it does carry risks.
Dangerous and potentially life-threatening complications that are associated with twilight anesthesia include:
- Airway issues
- Heart problems
- Difficulty breathing
- Low blood pressure
- Allergic reaction to the medication used for sedation
It is the responsibility of the anesthesiologist, dentist, or other dental professional to vigilantly watch for signs of these complications, ensure proper monitoring throughout the procedure, and take immediate action if any issues arise. Additionally, vital signs such as heart rate, blood pressure, and oxygen levels should be constantly checked.
If your child suffered a twilight sedation dental injury, it’s important to recognize that this might not be just an unfortunate accident; it could be the result of negligence or a failure to follow proper procedures.
Watch Our Client Talk About How Vaage Law Helped After Her Daughter’s Wrongful Death
Parents discuss the wrongful death of their daughter caused by hospital negligence and how Vaage Law supported her in seeking justice and accountability:
The Vista Incident: Child Harmed By Dental Anesthesia
In a tragic case from Vista, California, a 9-year-old girl passed away several hours after undergoing dental surgery with anesthesia at Dreamtime Dentistry. In a statement from Dreamtime Dentistry, the young girl was reportedly referred for anesthesia for the procedure due to her age and anxiety.
After the procedure, she was moved to a recovery room, and her vital signs were reportedly stable. Her parents were told she was ready for discharge, and she was sent home in their care. The Medical Examiner’s Office said the girl “remained asleep during her transport home. Upon arrival, she stayed sleeping and was transitioned into her bed at home.” However, several hours later, when her parents checked on her, they found her unresponsive.
They immediately called 911, and she was rushed to Rady Children’s Hospital, where she was tragically pronounced dead. The cause of her death is still under investigation by the medical examiner, and authorities are working to determine whether the anesthesia or any part of the dental procedure contributed to the fatal incident.
This is not the first time a dentist at Dreamtime Dentistry has faced serious issues. In 2016, Dr. Ryan Watkins, who performed the anesthesia during this procedure, was investigated for nearly killing a patient by administering the wrong drugs. After a lengthy investigation, he was put on probation from 2020 to 2023. You can read more about the accusation and decision here.
“I’m seeing more and more pediatric dentists using conscious sedation on children for behavior management ever since DentiCal (MediCal) started paying higher rates for this treatment. It’s a disturbing trend that is putting the lives of children at risk.”
– Bob Vaage | Founder & Attorney, Vaage Law
About Dental Anesthesia Malpractice
When you take your child to a dental professional, you are placing your trust and faith in their ability to provide safe, effective care. This trust is based on the duty of care: the legal obligation that healthcare providers have to act in the best interests of their patients.
The following could be grounds for pediatric dental twilight anesthesia lawsuits:
- Failure to properly review the child’s medical history: When you bring your child to the dentist, you expect that their health will be thoroughly considered before any procedure. If a dentist or anesthesiologist fails to assess your child’s history, such as allergies, previous medical conditions, or reactions to anesthesia, they may choose an inappropriate sedation method that puts your child at greater risk.
- Not using appropriate anesthesia: It’s the dentist’s responsibility to ensure they are administering the right sedation for your child’s specific needs. Too much sedation can lead to dangerous breathing issues, heart problems, or even cardiac arrest. On the other hand, insufficient sedation can leave the child in distress or pain during the procedure.
- Insufficient post-procedure monitoring: After a child is sedated, careful monitoring is crucial to ensure they recover safely. If a child remains in a semi-conscious state or falls into a deeper sedation, failure to monitor their breathing, heart rate, and vital signs can be catastrophic. Even when a child seems to be stable at first, complications like airway obstruction or oxygen deprivation can occur hours after the procedure.
As a parent, you never think your child’s safety is at risk when you take them to the dentist. A trip to the dentist is something many parents assume is routine, and the idea that a mundane dental procedure could turn into a nightmare should never even have to cross your mind.
If your child has been injured during a dental procedure, Vaage Law can fight to hold the responsible parties accountable so no other family has to live through what you’ve endured. Reach out to our team today online or by calling (619) 338-0505 to discuss what a dental anesthesia injury lawyer from our firm can do to carry you through this difficult time.
Uncovering Medical Malpractice With Bob Vaage
With over 35 years of experience, attorney Bob Vaage shares insights into medical malpractice, with many of his experiences translating to the dental field. He discusses the challenges of handling malpractice cases against major providers and offers a unique perspective on medical claims:
What Does a Lawyer Do in Twilight Anesthesia Dental Lawsuits?
It’s hard to think clearly when you’re dealing with grief and confusion following harm to your child. In such a fragile state, trying to figure out legal action on your own can feel like an impossible task.
Attempting to manage a dental anesthesia malpractice case alone isn’t straightforward because these cases involve understanding medical procedures, gathering supporting evaluations from other medical professionals, and building a carefully crafted and solid legal argument showing that negligence played a role in your child’s injury.
An experienced dental anesthesia injury lawyer can take care of you and your case by doing the following:
- Thorough Investigation: A lawyer will review all the details of your case, such as medical records, procedures, and anesthesia protocols, and consult with medical professionals who can help determine what went wrong. This process ensures no stone is left unturned when looking for the cause of your child’s injury or death.
- Expert Medical Testimony: Dental malpractice cases often require expert testimony to explain how the dentist’s actions or judgment caused you harm. A lawyer can connect you with the right medical experts who can clarify complex issues and back up your claim.
- Taking Care of All Legal Steps: Malpractice cases involve strict legal timelines, a lot of paperwork, and technical legal and medical terms. An attorney will handle all of these details for you so you don’t have to worry about missing important steps and further delaying your claim.
- Negotiating for Fair Compensation: We will accurately determine the full extent of damages you’re entitled to, taking into account all the ways this malpractice has cost you, financially and emotionally. A lawyer will then negotiate on your family’s behalf or take your case to trial if the other side is unwilling to agree to a fair settlement.
While it’s not a requirement to hire a lawyer, it can greatly benefit the outcome of your case. For example, a survey conducted by Martindale-Nolo discovered that people who worked with a lawyer for personal injury cases ended up with an average of $77,600 in compensation. In comparison, those who represented themselves only received an average of $17,600.
Medical Malpractice Settlements and Verdicts Our Firm Has Won
What sets us apart is our proven track record. Our founder, Bob Vaage, has tried more cases to verdict than most civil attorneys in San Diego. His experience in the courtroom is unmatched, and that reputation works in your favor from the moment you call us.
We’re known for fighting hard for our clients, and that’s why more than 95% of our cases settle favorably before they ever reach court. With over $190 million secured on behalf of clients, you can trust that we’ll do everything we can to get you the maximum compensation possible.
A few of our previous victories in medical malpractice cases include:
- $4,043,728: An anesthesia resident overdosed a patient with insulin and D50, causing severe brain injury, seizures, and a coma due to extreme blood sugar levels.
- $3,550,000: A 5-year-old child suffered a hypoxic brain injury from oversedation during a routine dental procedure at Rose Dental Group, leading to cognitive and behavioral issues, with a jury awarding the family for medical expenses, lost earnings, and emotional suffering.
- $558,000: A child with a brain tumor was mistakenly given twice the dosage of an incorrect chemotherapy drug, leading to hearing loss and kidney damage.
Why Hire Vaage Law for Twilight Anesthesia Dental Lawsuits
No parent should ever be put in the situation of having to fight for their child’s rights or well-being after an injury, especially in a place as seemingly safe as the dentist’s office. But if you do find yourself in this difficult situation, you don’t have to face it alone.
Since 1992, Vaage Law has been standing by families just like yours, helping them regain some semblance of their former lives and cope with their new ones. But it’s not just about the money; it’s about making sure that your family can heal.
At Vaage Law, we don’t just fight for compensation. We fight for justice, for accountability, and for the safety of future patients. Fill out our quick online form or call us at (619) 338-0505 to set up a 100% free case evaluation today.
Pediatric Dental Twilight Anesthesia Lawsuits FAQs
Who Qualifies for Twilight Anesthesia Dental Lawsuits?
If your child suffered an injury or passed away due to complications from twilight anesthesia during a dental procedure, you may qualify for a lawsuit, especially if it’s found that negligence was the cause. This could include issues like improper monitoring before and post-procedure or mistakes made during the sedation process.
How Much Can I Recover for My Child Harmed by Dental Anesthesia?
The amount you can recover depends on the severity of your child’s injury or loss. It may cover past and future medical expenses, including surgeries, therapies, and ongoing care. You may also be able to recover financial support for lost wages if you had to take time off work to care for your child. Additionally, pain and suffering for both your child and your family, as well as any emotional distress, can be part of your claim. If your child sadly passed away, wrongful death compensation can help cover funeral costs and the emotional toll on your family.
When Should I Contact a Dental Anesthesia Injury Lawyer?
It’s important to contact a lawyer as soon as possible after the incident due to the statute of limitations in dental malpractice cases, which gives you a limited window to file a claim. In some states, for example, you could have up to three years to file a claim. Delaying can result in losing the opportunity to seek compensation for your child’s injuries.
What Will It Cost to Work With an Attorney?
At Vaage Law, we work on a contingency fee basis, meaning you don’t pay anything upfront. We cover the costs of your case in advance and only get reimbursed from any recovery we secure for you. If we don’t win your case, you won’t owe us anything. This way, you can focus on your family’s healing.
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