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Standard of care and anesthesia liability
F W Cheney1, K Posner, R A Caplan
1Department of Anesthesiology, University of Washington School of Medicine, Seattle 98195.
JAMA
|March 17, 1989
Summary
Patients injured by substandard anesthesia care have an 80% chance of financial recovery. Even with appropriate care, malpractice claims still result in payment over 40% of the time.
Area of Science:
- Anesthesiology
- Medical Malpractice Law
- Patient Safety
Background:
- The Committee on Professional Liability of the American Society of Anesthesiologists has analyzed malpractice claims.
- Anesthesia-related patient injuries are a significant concern in medical liability.
Purpose of the Study:
- To evaluate the impact of the "standard of care" on financial recovery in anesthesia malpractice claims.
- To determine the likelihood and amount of payment based on the quality of anesthetic care provided.
Main Methods:
- Analysis of 1004 closed malpractice claims files related to anesthesia.
- Assessment of the "standard of care" by a panel of practicing anesthesiologists.
Main Results:
- Over 80% of claims involving substandard anesthetic care resulted in payment.
- More than 40% of claims with appropriate anesthetic care also led to payment.
Conclusions:
- Patients with anesthesia-related injuries have a high probability of financial recovery when substandard care is involved.
- Even when anesthesiologists provide appropriate care, there remains a significant likelihood (over 40%) of payment for malpractice claims.