Anesthesia Liability Related to Pre-existing Conditions

Anesthesiol Clin. 2024 Mar;42(1):33-40. doi: 10.1016/j.anclin.2023.08.003. Epub 2023 Sep 15.

Abstract

In 1985, the American Society of Anesthesiologists initiated a quality improvement closed claims analysis project for anesthetic injury to elevate patient safety. To date, there have been a total of 8954 documented claims, describing injuries contracted under sedation, regional anesthesia, or failure to attend to a patient's post-operative needs. The Closed Claims database reveals that the most highly documented health care complications were a loss of life at 2%, nerve injuries at 2%, and damage to the brain at 9%. The highest documented cases of damage from anesthesia involved regional-block-related events at 20%, followed by respiratory-related adverse effects at 17%, cardiovascular-related events at 13%, together with apparatus-linked events at 10%. Injury may result from several causes. First, multiple techniques and interventions are used during surgery, and all have potential adverse effects. Additionally, many patients scheduled for surgery have extensive past medical histories and medical comorbidities, thereby increasing their baseline risk for injury. From the Closed Claims database, improved evaluation of clinical-related implications linked to injuries within the handling of airway, sedation, non-operational room locales, obstetric anesthesia, along with chronic pain management. In summary, anesthesia departments should review outcomes of their patients on a routine basis. Assessing factors when an adverse outcome occurs may allow for changes in techniques or other anesthesia considerations to help lessen or prevent future complications.

Keywords: Closed claims; Patient safety; Pre-existing conditions; Risk factors; Severe adverse events.

Publication types

  • Review

MeSH terms

  • Anesthesia, Obstetrical* / adverse effects
  • Anesthesiology*
  • Female
  • Humans
  • Liability, Legal
  • Malpractice*
  • Preexisting Condition Coverage
  • Pregnancy