Pursuing or Defending Anesthesiology Malpractice Claims: Standards of Care, Co-Defendants, Special Liabilities

Anesthesia is a drug-induced state that allows patients to undergo medical procedures by blocking sensations, particularly pain. Injuries—even death—can result from too much, too little or the wrong type of anesthesia. Mistakes made during or after the administration of anesthesia may be grounds for a malpractice lawsuit against the anesthesiologist and the hospital or medical facility where the error occurred.

There are several reasons why anesthesia errors occur; however, the single most effective way for anesthesiologists to reduce the risk of making an anesthesia error is to remain alert and attentive at every stage of a procedure. Additionally, the entire surgical team can minimize the chance of preventable complications by implementing systems that establish redundancy, such as crosschecking all the patient’s documents. Of course, no matter how cautious the anesthesiologist or surgical team is, it is impossible to prevent malpractice claims altogether.

If an anesthesiology malpractice claim is filed, the legal strategies for each side will vary from case to case. However, nearly every case will involve identifying any co-defendants, filing (and responding to) standards of care violation allegations, depositions of the defendants and the plaintiff, selecting and deposing expert witnesses, and determining whether to attempt mediation or arbitration to settle the case before a trial.

Listen as our distinguished panel discusses the common claims due to treatments and procedures involving anesthesia, including cases that may include special liability such as those where the anesthesiologist is working as an independent contractor. The panel will examine claims from the perspective of both plaintiffs and defendants.

1. Survey of anesthesiology claims
2. Typical allegations in claims
3. Analysis of liability between common co-defendants
4. Special liability when anesthesiologists are independent contractors or work with CRNAs and/or trainees

The panel will review these and other relevant questions:

• Which types of anesthesiology-based claims are most frequently the basis of medical malpractice suits?
• What risks are exposing anesthesiology practices to litigation?
• What kinds of proof are involved in anesthesiology claims resulting in injury or death?