Anesthesia malpractice claims at ASCs: 5 things to know

Freestanding ASC claims accounted for almost half of all anesthesia-related malpractice cases, according to a recent study published in the International Anesthesia Research Society journal that analyzed anesthesia malpractice claims.

The study analyzed 212 ASC and 286 hospital operating room claims from 2015 to 2022 that involved an anesthesia provider responsible for the claim.

Here are five key notes:

1. Claims with high-severity injuries were less frequent in freestanding ASCs (22%) compared to hospital operating rooms (34%). Medium-severity injury claims were more common in freestanding ASCs (50%) than hospital operating rooms (39%).

2. Dental injuries and nerve damage were the most common injuries for both settings, but nerve damage from nerve blocks was notably more frequent in freestanding ASC claims. Additionally, burns occurred more often in freestanding ASCs, often related to surgical fires from electrocautery or chemical burns from skin preparation.

3. The most frequent malpractice allegations in both settings were improper performance of anesthesia procedures, improper management of the surgical patient and dental injuries related to intubation/extubation.

4. The leading contributing factor to claims in both settings was technical performance issues (74% of ASC claims). Communication problems were highlighted more frequently in ASC claims, emphasizing challenges in provider-patient communication, particularly under the time pressures of the ASC environment.

5. Most ASC claims did not involve significant comorbidities, reflecting healthier patient populations. However, notable comorbidities such as obesity, obstructive sleep apnea and diabetes were present in about one-third of ASC claims. Claims associated with cardiovascular disease were significantly lower in ASCs compared to hospital operating rooms.