A Note on Surviving the Lawsuits and Supporting Anesthesia’s Second Victims

Originally published by our sister publication Anesthesiology News

As anesthesiologists, we have been or will be involved in a lawsuit at some point. I have found that one of the strongest and most useful things we can do once the initial emotion of being sued has passed is to get involved. The process may vary from state to state, but regardless of where you practice, your defense team does not include medical professionals. While they may have rudimentary knowledge of the medicine, they are counting on you to educate them. This is where I have found the most empowerment when faced with a lawsuit. In addition to doing your best to try to educate, it is also extremely important to examine the medical record in minute detail. Regardless of how busy you are, taking the time to study the medical record in detail will very often shed light on facts and sometimes errors that will actually support your defense. It is also equally important to stay on top of new developments, especially communications coming from your defense team, to make sure that every little scrap of evidence you unearth in the medical record that helps your case is not somehow lost in various communications between the various parties. Finally, always check the final draft of the write-up of your defense position to make sure it is accurate and complete in all respects.

Two examples will serve to highlight the need for constant engagement. In one case, the anesthesiologist was being sued for meningitis a patient had developed a few days after delivery. An LP showed Staphylococcus aureus. The patient claimed the meningitis was caused by improper sterile technique during the epidural. A close review of the chart showed a much more likely source of the meningitis, which was an episiotomy the patient received during delivery. The case against the anesthesiologist was dropped. In the second case, tracheal stenosis was ascribed to an intubation. However, a close review of old charts from another institution that were received much later in the discovery phase revealed that the patient had received radiation to the neck many years ago, and that would have predisposed the patient to tracheal stenosis. In this case, there is a very clear factor predisposing the patient to developing tracheal stenosis.

At the end of the day, don’t just count on your defense lawyer to defend you. You need to do your homework and stay on top of the process to ensure a successful outcome. Staying uninvolved is not advised.

Mampilly reported no relevant financial disclosures.