Anesthesiologist Medical Malpractice Insurance

Brain damage

Nerve injury

Aspiration

Awareness during general anesthesia

Poor patient monitoring

Failure to administer anesthetic plan

Failure to review medical history pre-operation

Critical events, such as coma or death

Monetary damages awarded to the plaintiff

Attorney’s fees

Documentation

In the event of a lawsuit, anesthesiologists need to recall the details behind the care they provided – sometimes years later – and thorough documentation that is completed during or immediately after the patient visit is key to recreating the circumstances of care. In the case of intraoperative monitoring (especially during an adverse event), you can’t make changes to the electronic health record after the fact, but you can make additions through progress notes if you were too busy caring for the patient to chart. The ultimate goal is to show that you, as the anesthesiologist, acted responsibly and adhered to the standard of care. In addition, robust documentation can potentially keep anesthesiologists from going to court in the first place.

Communication

Anesthesiologists who take the time to explain and educate, truly listen to their patients’ concerns, and apologize when they’ve made a mistake are sued less often. Anesthesiologists should have an anesthesia-specific informed consent document that is separate from the surgical consent that addresses the types of anesthesia available, the risks and benefits of each type, and alternatives. If a patient is receiving regional anesthesia, explain the potential need to convert to general anesthesia and obtain consent beforehand. You’ll want a robust record to fall back on if a patient testifies that they don’t remember discussing anesthesia risks.

Dental Damage

Dental injuries are the most frequently encountered adverse event in anesthesia, making up around a quarter of anesthesia related claims. The informed consent process should include the risk of dental damage to patients, plus a thorough exam and discussion about any dental work they’ve had done that might interfere with surgery or cause additional risk. Documenting this discussion in the patient’s chart can be an effective way to an anesthesiologist’s exposure to a dental-related malpractice claim.

Patient Safety

As an anesthesiologist, you know that taking shortcuts can result in serious patient harm, and it’s your duty to make sure your patient receives safe care. Unfortunately, some facilities or providers can rush the anesthesiologist in an effort to keep the pace of care level with the demand for services. If anesthesiologists feel pressured to work too quickly, they can be placing the facility and themselves at risk. It’s important for anesthesiologists to advocate for ample time to conduct pre-anesthesia evaluations, thorough time outs, and equipment checks.

Coercion

Just as anesthesiologists can feel rushed to provide care, they can also feel coerced to provide care to patients that are not qualified candidates for anesthesia care. For example, at a surgeon or facility’s insistence, an anesthesiologist may feel pressured to sedate someone with an inappropriate BMI who, for safety reasons, should be referred to another facility.

Some surgeons adopt a possessive attitude towards their patients and feel that whatever they say should be carried out without question, leaving many anesthesiologists hesitant to speak up about a patient’s condition until they detect severe or pre arrest symptoms. Anesthesia providers have a duty and a responsibility to that patient as well. If anesthesiologists don’t voice their concerns and there’s an injury or malpractice suit, it’s ultimately their license, reputation, and money on the line.

Rising Insurance Premiums

Across the board, insurance premiums are rising for medical professionals of all specialties, and the same can be predicted for anesthesiologists. In general, doctors’ medical malpractice insurance rates are on the rise as a result of increasing healthcare liability defense costs and larger indemnity payments.