Lesson 12

Risks Leading to Malpractice Claims

  • Top Injuries:
    • Death: 30%
    • Nerve damage: 22%
    • Permanent brain damage: 10%
    • Airway injury: 6%
    • Other injuries: Emotional distress (6%), Eye injury (4%), Myocardial infarction (3%), Stroke (3%), Awareness (1%)

Causes of Death or Brain Damage Claims

  • Management Issues:
    • Inadequate ventilation (hypoxia/hypercarbia): 38%
    • Unrecognized esophageal intubation: 18%
    • Difficult intubation: 17%
  • High-risk factors for mortality within 7 days:
    • Physical status 3-5 vs. 1-2: 10.65 to 1
    • Emergency vs. elective surgery: 4.44 to 1
    • Major vs. minor surgery: 3.82 to 1
    • Patient age (80 years vs < 60 years): 3.29 to 1

Distribution of Claims by Type of Injury

  • Nerve damage claims focus on ulnar nerve damage and peripheral nerve block injuries.

Claims Based on Anesthesia Care Types

  • Claim Distribution:
    • Surgical anesthesia: 65%
    • Chronic pain procedures: 18%
    • Acute pain management: 8%
    • Obstetrical claims: 9%
    • Increasing chronic pain claims, especially with cervical spine injections (27%) and medication management (17%).

Factors Influencing Lawsuits Against Anesthesia

  • Lack of established therapeutic relationships between anesthesia providers and patients.
  • Brief interaction and informed consent process contribute to increased likelihood of claims.