CLE
Ayush Gupta, MD
Ayush Gupta, MD The Pediatric Expert
Pediatric Emergency Malpractice Standards & Litigation
Register Now
Premieres October 2, 1:00 PM ET/10:00 AM PT
00 Days
00 Hours
00 Mins
00 Secs
Register Now
Pediatric Emergency Malpractice: Standards & Litigation

Litigating pediatric emergency medicine (PEM) cases requires a fundamental shift in mindset from adult malpractice. Since pediatric injuries often lead to catastrophic, lifelong damages, these cases carry a 'long tail' of liability and a high risk of 'nuclear' verdicts. This webinar introduces attorneys to the 'Children Are Not Little Adults' doctrine, focusing on critical concepts like 'compensated shock' — a physiological state where a pediatric patient maintains normal blood pressure despite life-threatening sepsis, only to experience sudden cardiovascular collapse minutes after being discharged.

Led by dual board-certified, actively practicing pediatric emergency physician Dr. Ayush Gupta, this course provides legal professionals with a step-by-step clinical roadmap to litigate the 'Big Five' high-risk pediatric diagnoses: sepsis/meningitis, appendicitis, testicular torsion, fractures, and respiratory failure. Attendees will gain practical, immediate litigation tools, including sample cross-examinations for debunking the 'viral mimic' defense, EMR metadata discovery checklists for dosing errors, and child abuse bruising clinical decision rules.

Topics covered include:
Personal Injury Health Law
Agenda:
  • Introductory Overview & Pediatric Malpractice Landscape
    • Analysis of pediatric emergency liability data: why cognitive failures to diagnose account for 34% to 44% of all pediatric malpractice claims.
    • Establishing the 'Children Are Not Little Adults' doctrine in legal strategy.
    • Overview of high-risk medical-legal conditions and standard-of-care differences (AAP vs. ACEP guidelines).
  • Physiological Pitfalls: Compensated Shock & Vital Sign Interpretation
    • The physiology of compensated shock: how children maintain normal blood pressure despite severe sepsis or blood loss.
    • Dismantling the defense: why relying on normal blood pressure at discharge constitutes negligence.
    • The 'canary in the coal mine': utilizing age-appropriate vital signs (heart rate, respiratory rate, interaction status) to prove standard of care deviations.
  • The Silent Killer: Pediatric Sepsis, Meningitis & Clinical Protocols
    • Applying prescriptive guidelines: clinical algorithms for the well-appearing febrile infant (ages 0-90 days) per 2021 AAP Guidelines.
    • Identifying common medical breaches: anchoring errors like 'bundling' and incomplete diagnostic workups.
    • Trial analysis: dissecting Daniel Cantu v. Walker Baptist Medical Center ($10M jury verdict for delayed meningitis diagnosis).
    • Litigation strategy: arguing the 'Golden Hour' of sepsis intervention and the 'Loss of Chance' doctrine.
  • The Acute Abdomen: Missed Appendicitis & Testicular Torsion
    • Why appendicitis is missed in 57% of toddlers: cognitive errors, atypical presentations, and anatomical variations.
    • The 'Rule of Three': sending patients home twice with 'stomach flu' as a primary trigger for civil liability.
    • Surgical emergencies: standard of care regarding bilious (green) vomiting and non-visualized appendices on ultrasound.
    • Referred pain pitfalls: testicular torsion presenting as isolated lower abdominal pain and the absolute requirement for a documented genital examination.
  • System Failures: Dosing Errors & Mandated Reporting Standards
    • Weight-based medication safety: math failures, misplaced decimal points, and ten-fold dosing errors.
    • The 'swiss cheese' model of hospital error: analyzing the UF Health Shands hyperkalemia fatality.
    • Technical discovery: requesting electronic medical record (EMR) audit trails, CPOE warnings, and smart IV pump keystroke logs.
    • Sentinel injuries: applying the TEN-4-FACESp clinical decision rule to prove medical negligence in failing to report child abuse.
  • Documentation Pitfalls & Occult Orthopedic Radiographic Errors
    • The template trap: auto-populated 'normal' exams in electronic charts and contradictory doctor/nurse documentation.
    • Discharge standards: the requirement for specific, observable return precautions (e.g., 'vomiting green bile').
    • Silent fractures: Salter-Harris I growth plate fractures, the fat pad sign, and radiographic indicators for litigation.
  • Questions & Answers (As Time Permits)
Read More ›
Duration of this webinar: 60 minutes
When: Premieres in 34 days | October 2, 2026 10:00 AM PT
Register Now
Speaker
Ayush Gupta, MD
Ayush Gupta, MD Pediatric Emergency Medicine Expert Consultant
The Pediatric Expert

Dr. Ayush Gupta, MD, is a dual board-certified physician in General Pediatrics and Pediatric Emergency Medicine, representing the top tier of active, clinical medical consultants in high-stakes litigation. He actively practices in high-acuity Level I trauma centers and community emergency departments, serving as an Attending Physician in the Department of Pediatric Emergency Medicine at the Children's Hospital of New Orleans, Louisiana. To ensure widespread regional expertise, he maintains active hospital privileges in major clinical centers across Texas, including Texas Children's Hospital (Houston, TX), Covenant Children's Hospital (Lubbock, TX), and South Texas Health System Children's (Edinburg, TX). Read More ›

Continuing Legal Education (CLE) Credits

*CLE credit is only available to Justia Connect Pros. Not a Pro? Upgrade today>>

Alabama CLE

Status: Approved

Format: Live (Virtual)

Credits: 1.00 General

Alaska CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

California CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Hawaii CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Illinois CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Missouri CLE

Status: Approved

Format: Live (Virtual)

Credits: 1.20 General

Nevada CLE

Status: Approved

Format: Live (Virtual)

Credits: 1.00 General

New Jersey CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.20 General

North Carolina CLE

Status: Approved

Format: Live (Virtual)

Credits: 1.00 General

Ohio CLE

Status: Approved

Format: Live (Virtual)

Credits: 1.00 General

Pennsylvania CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Substantive Law, Practice, and Procedure

Texas CLE

Status: Approved

Format: Live (Virtual)

Credits: 1.00 General

Vermont CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

West Virginia CLE

Status: Approved

Format: Live (Virtual)

Credits: 1.20 General


This presentation is approved for one hour of General CLE credit in Alabama, one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in Missouri, one hour of General CLE credit in Nevada, one hour of General CLE credit in North Carolina, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, one hour of General CLE credit in Vermont, and one hour of General CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

Justia only reports attendance in jurisdictions in which a particular Justia CLE Webinar is officially accredited. Lawyers may need to self-submit their certificates for CLE credit in jurisdictions not listed above.

Note that CLE credit, including partial credit, cannot be earned outside of the relevant accreditation period. To earn credit for a course, a lawyer must watch the entire course within the relevant accreditation period. Lawyers who have viewed a presentation multiple times may not be able to claim credit in their jurisdiction more than once. Justia reserves the right, at its discretion, to grant an attendee partial or no credit, in accordance with viewing duration and other methods of verifying course completion.

At this time, Justia only offers CLE courses officially accredited in certain states. Lawyers may generate a generic attendance certificate to self-submit credit in their own jurisdiction, but Justia does not guarantee that lawyers will receive their desired CLE credit through the self-submission or reciprocity process.

Looking for CLE credit? Visit CLE Dashboard CLE Accreditation
Watch Related Videos
CLE
Jennifer Sweeton
Jennifer Sweeton Sweeton Injury Law, LLC
PTSD 101 Recognizing PTSD & Related Disorders in Legal Clients
Watch Now
CLE
James Perry
James Perry Atticus Injury Law, PC
“Mild” Traumatic Brain Injury (TBI) Cases Understanding, Developing and Litigating
Watch Now
CLE
Diana-Marie Laventure
Diana-Marie Laventure Kaufman Borgeest & Ryan LLP
Smart Technology, Real Consequences AI, Bias, and Employment Law
Watch Now
CLE
Amy S. Malish
Amy S. Malish Pugh Accardo
Marina J. Wilson
Marina J. Wilson Pugh Accardo
When Control Creates Risk Vicarious Liability for Franchisors
Watch Now
CLE
James Gatto
James Gatto Sheppard Mullin
Beyond Copyright Training 10 Interesting AI Issues Being Litigated
Watch Now
CLE
Ian R. Alexander
Ian R. Alexander Goldberg & Goldberg, LLC
The Fallacy of Corporate Amnesia and How To Use Corporate Memory To Prove Systemic Breakdowns That Will Win Your Case
Watch Now
CLE
James Perry
James Perry Atticus Injury Law, PC
Zachary Pyers
Zachary Pyers Reminger Co., L.P.A.
Personal Injury Litigation Rideshare, Delivery, and Micro-Vehicle Claims
Watch Now
View More