Trends in Pain Medicine Liability

BACKGROUND

The authors examined changes in the frequency of pain medicine malpractice claims and associated treatment modalities and outcomes over time.

METHODS

The authors analyzed trends in pain medicine claims from 1980 to 2012 in the Anesthesia Closed Claims Project database by binary logistic regression on year of event. Pain procedures in claims from 2000 to 2012 were compared with the proportion of pain procedures reported to the National Anesthesia Clinical Outcomes Registry in 2010-2014.

RESULTS

Malpractice claims for pain medicine increased from 3% of 2,966 total malpractice claims in the Anesthesia Closed Claims Project database in 1980-1989 to 18% of 2,743 anesthesia claims in 2000-2012 (odds ratio [OR], 1.088 per year; 95% CI, 1.078 to 1.098; P < 0.001). Outcomes in pain claims became more severe over time, with increases in death and permanent disabling injury (OR, 1.094 per year; P < 0.001). Nonneurolytic cervical injections increased to 27% of pain claims in 2000-2012 (OR, 1.054; P < 0.001), whereas National Anesthesia Clinical Outcomes Registry demonstrates that lumbar injections are a more common procedure. Claims associated with medication management increased to 17% of pain claims in 2000-2012 (OR, 1.116 per year; P < 0.001).

CONCLUSIONS

Pain medicine claims have increased over time and have increased in severity. Claims related to cervical procedures were out of proportion to the frequency with which they are performed. These liability findings suggest that pain specialists should aggressively continue the search for safer and more effective therapies.

Massive hemorrhage: a report from the anesthesia closed claims project

BACKGROUND

Hemorrhage is a potentially preventable cause of adverse outcomes in surgical and obstetric patients. New understanding of the pathophysiology of hemorrhagic shock, including development of coagulopathy, has led to evolution of recommendations for treatment. However, no recent study has examined the legal outcomes of these claims. The authors reviewed closed anesthesia malpractice claims related to hemorrhage, seeking common factors to guide future management strategies.

METHODS

The authors analyzed 3,211 closed surgical or obstetric anesthesia malpractice claims from 1995 to 2011 in the Anesthesia Closed Claims Project. Claims where patient injury was attributed to hemorrhage were compared with all other surgical and obstetric claims. Risk factors for hemorrhage and coagulopathy, clinical factors, management, and communication issues were abstracted from claim narratives to identify recurrent patterns.

RESULTS

Hemorrhage occurred in 141 (4%) claims. Obstetrics accounted for 30% of hemorrhage claims compared with 13% of nonhemorrhage claims (P < 0.001); thoracic or lumbar spine surgery was similarly overrepresented (24 vs. 6%, P < 0.001). Mortality was higher in hemorrhage than nonhemorrhage claims (77 vs. 27%, P < 0.001), and anesthesia care was more often judged to be less than appropriate (55 vs. 38%, P < 0.001). Median payments were higher in hemorrhage versus nonhemorrhage claims ($607,750 vs. $276,000, P < 0.001). Risk factors for hemorrhage and coagulopathy were common, and initiation of transfusion therapy was commonly delayed.

CONCLUSIONS

Hemorrhage is a rare, but serious, cause of anesthesia malpractice claims. Understanding which patients are at risk can aid in patient referral decisions, design of institutional systems for responding to hemorrhage, and education of surgeons, obstetricians, and anesthesiologists.

The incidence and risk factors for perioperative cardiac arrest observed in the national anesthesia clinical outcomes registry

BACKGROUND

Cardiac arrest is a rare but important event in the operating room and postanesthesia care unit, when surgical patients are most intensively monitored. Several recent publications have reported the rate of cardiac arrest in surgical patients during the subsequent hospital stay but have not uniquely identified the immediate perioperative period. We hypothesized that cardiac arrest during this time (intraprocedure and postanesthesia care) would occur at a lower frequency than that described for inpatient hospital care in the available literature.

METHODS

We extracted data from all cardiac arrests and immediate perioperative deaths reported to the National Anesthesia Clinical Outcomes Registry for the period from 2010 to 2013 and analyzed for anesthesia-related risk factors. We compared these data to published rates of in-hospital cardiac arrest after surgery.

RESULTS

Overall, the risk of cardiac arrest was 5.6 per 10,000 cases, which is less than in previous reports of in-hospital arrests in surgical patients overall, with an associated mortality from the arrest of 58.4%. The rate of cardiac arrest increased with age and ASA physical status. The rate of cardiac arrest was significantly higher for males, as was the mortality.

CONCLUSIONS

The National Anesthesia Clinical Outcomes Registry is an emerging resource for examination of perioperative and anesthesia-related outcomes. Cardiac arrest is less frequent in the periprocedural setting than later in the hospital course, with most arrests predictably occurring in patients with ASA physical status III-V. The finding of increased risk of mortality in male patients cannot be readily explained and should prompt future research attention.

Quality management and registries

This article provides a review of key concepts in quality management (QM) for ambulatory anesthesia. The importance of collecting data from every case is emphasized, and important outcome measures are recommended. The use of specific data collection tools and methodologies is discussed, including the national registry projects of the Society for Ambulatory Anesthesia and the Anesthesia Quality Institute. A brief overview is provided of how to use QM data to improve patient outcomes within an anesthesia practice.