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Medical litigation as a result of awareness during general anaesthesia: a case report

Andrea Porzionato1, Giovanni Manani, Massimo Montisci

  • 1Section of Anatomy, Department of Human Anatomy and Physiology, University of Padova, Via Gabelli 65, 35121 Padova, Italy.

Medicine, Science, and the Law
|August 30, 2007
PubMed

In the literature, little attention has been paid to the medico-legal implications of awareness during general anaesthesia, a complication which has been reported with an incidence of 0.5-2%. We present the case of a 39-year-old nurse who experienced awareness during salpingo-adnexectomy for tubo-ovarian pregnancy. The operation was performed as an emergency, due to severe haemorrhage. Anaesthesia was induced with 125 mg of thiopental sodium and 60 mg of succinylcholine, and then maintained with repeated doses of fentanyl and 7 mg of vecuronium. In the court settlement, medical liability was rejected, because her awareness during anaesthesia was ascribed to the need to use small quantities of anaesthetics, due to severe hypotension, and not to medical error. The case presented here and a brief review of the literature indicate that awareness during anaesthesia is not always a consequence of medical negligence.

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