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Background/Aim: Peri‐anaesthetic dental injuries (PDI) represent a major source of potential malpractice claims against anesthesiologists. Studies about the medico‐legal aspects of PDI have mainly focused on liability insurance cases thus not encompassing those cases brought to court. The aim of this study was to assess the medico‐legal issues of PDI‐related liability lawsuits in France. Material and Methods: A review of judicial decisions pertaining to PDI was conducted on a French legal database, spanning the period between January 2000 and October 2021. Characteristics of decisions, patients and anesthesiologists, peri‐operative care, dental injuries, and convictions were collected when available for analysis. Results: Twenty‐four judicial decisions fulfilled the inclusion criteria and were analyzed. All cases of dental injuries took place during elective surgery, 16 in the private sector and 8 in the public sector. Most injuries concerned two or more teeth and the most predominant dental injuries were luxation or avulsion (70.8% of cases). Eight cases resulted in a final verdict in favor of the plaintiff, four in the private sector (conviction rate: 25%), and four in the public sector (conviction rate: 50%). The causes of conviction were either a lack of information (5/8), a breach in the standard of care or technical negligence (3/8). The average amount of indemnification for the plaintiff was 3614 Euros (3753 Euros in 2022 inflation‐adjusted Euros) excluding legal fees. Conclusions: The analysis of PDI‐related liability lawsuits shows that medico‐legal issues differ from those of PDI‐related insurance claims. Avulsion and luxation of multiple anterior teeth during elective surgery appear to be a risk factor for liability lawsuits. In addition, inadequacy of patient information about PDI‐risk seems to be a risk factor for conviction. Lastly, dental injuries are less at risk of civil conviction than other anesthesia‐related damages. [ABSTRACT FROM AUTHOR]

Study Objective: Gastrointestinal endoscopy cases make up the largest portion of out of operating room malpractice claims involving anesthesiologists. To date, there has been no closed claims analysis specifically focusing on the claims from the endoscopy suite. We aim to identify associated case characteristics and contributing factors.Design: Retrospective review of closed claims.Setting: Multi-institutional setting of hospitals that submit data to the Controlled Risk Insurance Company (CRICO) Comparative Benchmarking System, a database representing approximately 30% of annual malpractice cases in the United States.Patients: A total of 58 claims in the gastrointestinal endoscopy suite between January 1, 2007 and December 31, 2016.Interventions: Gastrointestinal endoscopy procedures.Measurements: We analyzed associated factors for each case as well as payments, and severity scores.Main Results: There was a difference in the percent of cases that resulted in payment by procedure type, with 91% of endoscopic retrograde cholangiopancreatography (ERCP) cases resulting in payment compared with 37.5% of colonoscopy cases, 25% of combined esophagogastroduodenoscopy (EGD)/colonoscopy cases, 21.4% of EGD cases and 0.0% of endoscopic ultrasound cases (P = 0.0008). Oversedation was a possible contributing factor in 62.5% of cases. The mean payment for all claims involving anesthesiologists in the endoscopy suite was $99,754.Conclusions: There are differences in the rates of payment of malpractice claims between procedures. ERCPs made up a disproportionate percentage of the total amount paid to patients. While a significant percent of cases involved possible oversedation, these errors were compounded by other factors, such as failure to resuscitate or recognize the acute clinical change. With medically complex patients undergoing endoscopic procedures, it is critical to have well prepared anesthesia providers. [ABSTRACT FROM AUTHOR]

Occasionally accidents and complications occur during anaesthesia and perioperative care that result in injury to the patient. Unfortunately, this is sometimes due to a breach in the anaesthetist's duty of care to the patient. Sometimes, rather than being the cause of immediate damage, the act or omission results in an alteration in the prognosis of the complaint or increased risk of complications related to the complaint. This avenue for a negligence action is known as 'loss of chance of a better outcome' and has been the subject of much legal argument in Australia in recent years. A recent High Court of Australia decision is widely seen as having 'closed the door' to, or at least made it difficult for the patient to succeed in, loss of chance cases. Many anaesthetists may not be familiar with the concept of 'loss of chance'. This review will explore the concept of loss of chance and the manner in which Australian courts have dealt with it before and after Tabet v Gett from the perspective of the anaesthetist. [ABSTRACT FROM AUTHOR]

The article provides updates on the health laws that govern the practice of anesthesiologists. It reviews the health basics and uses of care-based approach to describe trends in health law. It discusses medical negligence which is the major tort that may be filed against an anesthesiologist wherein considerations of when and whom can file a medical negligence suit. It also discusses the elements of medical negligence including duty, breach, causation and harm.

Presents the court case 'Toogood v. Rogal' in Pennsylvania, which figures the statute of an anesthesiologist involved in the case who died before the case could come to trial. Description of how the lawsuit was brought out; Presumption in the medical or surgical service; Application of the res ipsa loquitor to anesthesia malpractice.

The article focuses on the fraud investigations on the work of anaesthesiologist Yoshitaka Fujii, formerly of Toho University in Tokyo, Japan. It states that at least half of 200 papers he wrote on responses to drugs following surgery are in line for retraction. It says that the case has raised questions on how the misconduct went undetected for a long time; however, the duration and scope of Fujii's deception have caught attention of multiple journals and the entire field of anaesthesiology.

The article presents a case study of a seven-year-old boy who suffered subarachnoid puncture from a caudal injection performed by a pediatric anesthesiologist with 25 years of experience. It notes that complication in the injection has resulted from the application of magnetic resonance imaging (MRI) after a dural puncture. It mentions that sacral anatomy can be identified by ultrasonic imaging.

The author comments on the medical characteristics, definitions, and terminology from the anaesthesiologists point of view on pulmonary oedema. The author characterizes pulmonary oedema as an abnormal accumulation of fluid in the extravascular compartment of the lung, causing airway obstruction in the respiratory organs. The author also identified complications or misdiagnosis in anaesthesiology as the presursor of negative pressure pulmonary oedema.

Editorial. Focuses on the use of logic in the safe practice of spinal anesthesia. Belief among experienced anesthesiologists that they can identify intervertebral spaces accurately by palpation; Reasons for errors committed by anesthesiologists; Factor which contributes to the rise in the popularity of a technique in anesthesiology.

A letter to the editor about missed guidewire during central venous catheterisation is presented.

The article discusses a malpractice lawsuit filed against a hospital alleging that negligence by the anesthesiologist and the nurses caused a woman's death. The hospital sought summary judgment on the claim regarding the nurses, asserting that no expert testimony had indicated that negligence by the nurses contributed to the patient's death. The appellate court rule found a genuine issue of material fact as to whether the nurse' negligence was the proximate cause of the patient's death.

Reports that English anesthetist Gary Gerson was struck off the medical register by the General Medical Council after a heroin addict died while under his care undergoing a controversial treatment. Course of ultra-rapid opiate detoxification administered to the patient involving a cocktail of drugs; Financial interest of Gerson in pharmaceutical company Medetox, which sought to commercialise the ultrarapid opiate detoxification treatment; Lack of a medical examination of the patient by Gerson.

Reports on the charges of professional misconduct being brought against anesthetist John Evans-Appiah by Great Britain's General Medical Council (GMC). Overview of Evans-Appiah's incompetence since his 1973 arrival in Britain from Ukraine; Details of two 1998 incidents from which the misconduct charges have arisen; Outlook for his permanent suspension from the British medical register.

Reports on American Association of Nurse Anesthetists' condemnation of ABC-TV broadcast which accused anesthesiologists of corrupt practice concerning Medicare and substandard quality care. Association's campaign to educate media and consumers about anesthesiologists' role.

Reports on a decision in a court in Madrid, Spain that found a senior anaesthetist guilty of negligence for delegating a procedure to a junior colleague. Description of the procedure; Compensation to the patient; How the decision calls into question Spain's intern-based teaching system.

Reports on Zimbabwe national, Richard McGown who was found guilty in Harare court of causing two deaths under anaesthesia. Use of epidural anesthetic morphine; Death of the daughter of Charles Khaminwa following the removal of appendix under epidural anesthesia administration; Life imprisonment.