Cheng – Pediatric Dentistry Risk Management-Cheng Pediatric Dentistry Risk Management.mp4Cheng Pediatric Dentistry Risk Management

Video Transcription

Video Summary

At the CSPD virtual annual meeting, Vice President Tom Tan-Bong Leong introduced plaintiff-side attorney Doris Chang, who presented on risk management in pediatric dentistry through the lens of how malpractice cases are evaluated and litigated. Chang described typical calls she receives, often involving serious injuries related to sedation, and used an example of an oxygen-fed mask igniting during a dental procedure, causing severe burns and raising concerns about equipment setup, oxygen flow, ignition sources, and delayed emergency response.<br /><br />She explained how plaintiff lawyers assess cases: what went wrong, whether something should have been done differently under the “standard of care,” and whether changes would have altered the outcome. She outlined damages in California, distinguishing economic losses (medical bills, future care, wage loss) from non-economic damages (pain, suffering, disfigurement), noting California’s $250,000 cap on non-economic damages in medical negligence cases, which influences which cases are financially viable—particularly major pediatric brain-injury cases with high lifetime care costs.<br /><br />Chang discussed factors affecting case value, including party credibility, documentation, and post-event conduct (e.g., poor communication, altered records). She emphasized that apologies expressing sympathy are generally inadmissible, but admissions of fault may be used in court. She then reviewed the litigation process, depositions, and expert witnesses, stressing that credibility and truthfulness are critical and that deposition testimony can be used at trial. She closed by addressing settlement versus trial dynamics (principle, precedent, personality) and briefly explained Federal Tort Claims Act cases against the government, typically decided by a judge rather than a jury.

Keywords

CSPD virtual annual meeting

pediatric dentistry risk management

dental malpractice litigation

plaintiff-side attorney perspective

sedation-related injuries

oxygen-fed mask fire dental procedure

standard of care analysis

California medical negligence damages cap

economic vs non-economic damages

documentation and record alteration issues

depositions and expert witnesses

Federal Tort Claims Act dental cases