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The Risk Management Newsletter for Anesthesia Practices

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Issue Date Summary
Issue 55 October 2023

Defending Wrongful Death Lawsuits in the Courtroom

  • Defending Wrongful Death Lawsuits in the Courtroom
  • Risk Management Considerations, Strategies, and Resources for Defending Wrongful Death Lawsuits
Issue 54 April 2023

Position Statement on Criminalization of Medical Error and Call for Action to Prevent Patient Harm from Error

  • Response to the Criminal Conviction of a Health Care Professional in 2022 for Medical Error and Failure to Monitor
Issue 53 October 2022

Recent Cases Highlighted: PPM Returns to the Courtroom Following Pandemic Pause

  • Combatting Prolific Plaintiffs’ Expert Testimony Against PPM’s Insureds
  • “Never Events” Not Always Cases of Liability
Issue 52 April 2022

A Patient’s Right to Refuse Medical Treatment

  • Case Studies & Analyses
  • Risk Management Strategies and Considerations for Patients Who Refuse Medical Treatment
Issue 51 November 2021

Wrong-Site Nerve Blocks: Getting Them Right

  • Case Studies
  • Risk Management Considerations, Strategies, and Resources to Prevent Wrong-Site Nerve Blocks
  • Underwriter’s Spotlight - Changing Places, Practices, Names, Email Addresses, etc.? Let Us Know
Issue 50 April 2021

Adverse Anesthesia Events: Did COVID-19 Change Anything?

  • Effective Preoperative Evaluation and Communication Critical to Prevent Aspiration
  • Top 5 Adverse Anesthesia Events Reported to PPM in 2020
  • Risk Management Analyses and Considerations
Issue 49 August 2020

Effective Preoperative Evaluation and Communication Critical to Prevent Aspiration

  • Case Studies
  • Risk Management Analyses and Strategies
Issue 48 August 2019

Cardiopulmonary Sentinel Events During ERCP: Oversedation or Air Embolism?

  • PPM Policyholder’s Perseverance Prevails After Sixteen Years of Litigation
  • Underwriter’s Spotlight – Treating Yourself, Family or Friends? Just Say No
Issue 47 March 2019

Some Things Never Change: Updated Dental Claims Guidelines

  • Identifying Patient Risk Factors
  • Avoiding Iatrogenic Causes of Dental Injury
  • Preanesthesia Evaluation and Documentation
  • Informed Consent
  • After a Dental Injury Occurs
  • Options for Handling Dental Claims
  • Case Studies and Risk Management Analysis
Issue 46 August 2018

“That Was Left Where?”

  • Preventing Retained Foreign Object Anesthesia Claims
  • Risk Management Strategies to Prevent Retained Guidewires
  • Other Retained Foreign Object Claims
Issue 45 March 2018

Catch Me If You Can: Patient Falls in the Anesthesia Workplace

  • Defending Patient Falls Litigation
  • PPM Secures 44th Consecutive Upper Extremity Nerve Damage Verdict
  • Underwriter’s Spotlight - PPM Cyber Liability Insurance Coverage Limits Increased
Issue 44 May 2017

Medication Errors: Intrathecal Injection of Tranexamic Acid and Other Mix-Ups

  • Defending Medication Errors Litigation
  • APSF Medication Safety Strategies
Issue 43 August 2016 Recent Cases Highlighted
  • No Good Deed Goes Unpunished: Iowa Anesthesiologist Defends Care through Two Trials
  • Cauda Equina Syndrome: Georgia Defense Verdict
  • Brain Damage: Colorado Defense Verdict
  • Surveillance Evidence Helps Secure Unanimous Defense Verdict
  • PPM Earns “A” Rating from A.M. Best
Issue 42 January 2016 Catastrophic Complications During Endoscopy
  • Risk Management Tips for Preventing Injury During Endoscopy with Deep Sedation
  • Underwriter’s Spotlight -- The Dark Side of the Moon: Moonlighting may increase anesthesia practice group’s liability exposure
Issue 41 October 2015 Placement of Gastric Calibration Tubes Inflates Anesthesiologists’ Liability Exposure
  • Risk Management Tips for Preventing Injury from Calibration Tube Placement
  • Underwriter’s Spotlight: Ethical and legal guidelines for treatment of non-patients or self-treatment
Issue 40 December 2014 Emerging Trends in Anesthesia: Cyber Liability
  • PPM Cyber Liability (eMD™) Insurance
  • PPM’s Risk Management Seminars Certified for CME
  • Underwriter’s Spotlight
Issue 39 August 2014 Asleep at the Wheel? Distractions in the Operating Room
  • Case Study
  • Underwriter's Spotlight
Issue 38 April 2014 Recent Cases Highlighted
  • PPM Secures 43rd Consecutive Defense Verdict in Upper Extremity Nerve Damage Litigation
  • Cardiac Arrest: Arizona Defense Verdict
  • Cardiac Arrest Following Colonoscopy: New Jersey Defense Verdict
  • PPM’s Risk Management Highlights Anesthesia Expertise
Issue 37 October 2013 Securing Narcotics: Standard of Care Evolves in Wake of Hepatitis C Outbreaks
  • Expert Testimony Suggests a Heightened Standard of Care for Securing Controlled Substances and Medications Likely to be Diverted
  • Risk Management Tips
Issue 36 April 2013 APSF Workshop Provides POVL Update and Recommendations
  • ASPF POVL Conference Highlights
  • Introduction to POVL by an Anesthesiologist Who Experienced It
  • APSF-Sponsored Conference on Perioperative Visual Loss Develops
    Consensus Conclusions
Issue 35 December 2012 Recent Cases Highlighted
  • Wrongful Death: Missouri Defense Verdict
  • IV Infiltration: Iowa Defense Verdict
  • Pain Management: Florida Defense Verdict
  • Nerve Damage: New York Defense Verdict
Issue 34 July 2012 Student Training Programs May Pose Significant Liability Exposures to Anesthesiologists
  • Risk Management Tips
  • Liability Exposure from Contractual Provisions in Training Agreements
  • Contract Review Tips
Issue 33 April 2012 No Day at the Beach: Catastrophic Injuries in Head-up Position Surgeries
  • Expert Witness Testimony Peer Review Programs
  • Risk Management Tips to Prevent Ischemic Injury in Beach Chair Position
Issue 32 November 2011 Drug-Induced Respiratory Depression in the Postoperative Period
  • APSF Conference Highlights
  • Defending Drug-Induced Respiratory Depression Litigation
  • APSF Essential Monitoring Strategies to Detect Clinically Significant Drug-Induced Respiratory Depression in the Postoperative Period
Issue 31 August 2011 New ASA Standard for Basic Anesthesia Monitoring
  • Coverage Alert: PPM Compliance Period Extended
  • PPM Medical Board Investigation Defense Expense Coverage
Issue 30 April 2011 Obstructive Sleep Apnea: The Not-So-Silent Killer
  • Risk Management Tips
  • Defending Obstructive Sleep apnea Litigation
  • PPM Earns A- Rating from A.M. Best
Issue 29 January 2011 Recent Cases Highlighted
  • Wrongful Death:  Arizona Defense Verdict
  • Nerve Damage:  Georgia Defense Verdict
  • Cardiac Arrest:  New York Defense Verdict
  • Nerve Damage:  New York Defense Verdict
  • Cardiac Arrest:  Rhode Island Defense Verdict
Issue 28 November 2010 Nerve Damage from Regional Blocks Placed in Anesthetized/Sedated Patients
  • Informed Consent
  • Supplemental Informed Consent for Regional Blocks placed during General Anesthesia
Issue 27 July 2010 Propofol Shortage Continues to Create Patient Safety Concerns and Risks for Anesthesiologists
  • Causes of Shortage
  • FDA’s Response to the Propofol Shortage
  • Implications for Patient Care
  • Rationing and Alternative Agents
  • $500 Million Jury Verdict Awarded Against Propofol Manufacturer and Distributor
Issue 26 April 2010 Risk Management Tips for Prevention and Management of Intra-operative Fires
  • The Fire Triad
  • Identifying High-Risk Procedures
  • Preventing Intra-operative Fires
  • Management of Intra-operative Fires
  • Defending Intra-operative Fires in the Courtroom
  • Conclusion
Issue 25 December 2009 Recent Cases Highlighted
  • Wrongful Death: New Jersey Defense Verdict
  • Brain Damage: Iowa PPM Policyholders Dismissed During Trial
  • Wrongful Death: PPM Policyholder Dismissed During Missouri Trial
  • Dental Injury: Rare Dental New Jersey Trial Results in Defense Verdict
  • Nerve Injury: New York Jury Returns Defense Verdict
  • Wrongful Death: New York Defense Verdict
Issue 24 November 2009 The Needle and the Damage Done: Anesthesia Workplace Addiction
  • Defending the Addicted Anesthesiologist
  • Defending Substance Abuse in the Courtroom
  • Identifying the Addicted Anesthesiologist
  • Legal Issues
  • Drug Testing
  • Zero Tolerance vs Impaired Physician Policies
Issue 23 June 2009 Defending the #1 Anesthesia Claim: Dental
  • Options of Handling Dental Claims
  • Defending Dental Injury Lawsuits
Issue 22 March 2009 Wrong Site Surgery Update: 2009 Universal Protocol Moves in Right Direction
  • Changes to Universal Protocol
  • Overview of 2009 Universal Protocol
  • Problems with the 2009 Universal Protocol
  • Risk Management Tips to Prevent Wrong Site Surgical Mistakes
Issue 21 December 2008 Recent Cases Highlighted
  • PPM’s Aggressive Strategy Leads to 38th Consecutive Defense Verdict in Upper Extremity Nerve Damage Litigation
  • Wrongful Death: Missouri Defense Verdict
  • Compartment Syndrome: Texas Defense Verdict
  • Wrongful Death: Arizona Defense Verdict
Issue 20 August 2008 Awareness: How Often Does It Really Happen
  • Defending Awareness Cases in the Courtroom
  • Brain Function Monitors
  • ASA Task Force Concludes Brain Function Monitors are not Standard of Care
  • Risk Management Analysis
Issue 19 May 2008 Expert Witness: To Be or Not To Be
  • Expert Witness Testimony Peer Review Programs Reduce Questionable Testimony
  • Most Prolific Plaintiff’s Experts
  • In the News: Nevada Hepatitis Scare Focuses on Anesthesia Techniques
Issue 18 January 2008 Wrong Site Surgery: Universal Protocol Misses the Mark
  • Problems with the Universal Protocol
  • Common Mistakes
  • Risk Management Tips to Prevent Wrong Site Surgical Mistakes
Issue 17 September 2007 Recent Cases Highlighted
  • Pain Management: Texas Defense Verdict in Overdose Case
  • Nerve Damage: Nevada Defense Verdict
  • Pain Management: Texas Defense Verdict Handed Down
  • Risk Management Analysis
Issue 16 December 2006 Informed Consent
  • Informed Consent: The Verdict Is In
  • Defense Verdict: New York Jury Finds in Favor of Pain Management Specialist
  • Implementing an Effective Anesthesia Consent Form
Issue 15 March 2005 Recent Cases Highlighted
  • Wrongful Death Case: New York Defense Verdict
  • Ulnar Nerve Damage: Kentucky Defense Verdict
  • Intubation Injury: Missouri Defense Verdict
  • Wrongful Death: Texas Defense Verdict
  • Dental Injury: Rare Dental Trial Results in Defense Verdict
Issue 14 March 2004 Risk Management for Postoperative Vision Loss
  • ASA Postoperative Visual Loss Registry: Preliminary Analysis of Factors Associated with Spine Operations
  • POVL: Michigan Defense Verdict
  • PPM Aggressively Pursues Recovery of Costs
Issue 13 June 2003 Recent Cases Highlighted
  • Radial Nerve Damage: Arizona Defense Verdict
  • Editorial: Expert Witnesses
  • Brain Damage and Death: Cook County, Illinois Defense Verdict
  • Brain Damaged Baby: Kentucky Defense Verdict
  • Risk Management
Issue 12 July 2002 Preventable Anesthesia Malpractice Claims
  • Nerve Damage from Regional Blocks placed under General Anesthesia
  • Misuse of Forced-Air Warming Equipment Leads to Avoidable Injury
  • Wrong-Sited Surgery and Patient Mix-ups
  • Burns from Warmed IV Bags
  • Intra-operative Fires
Issue 11 July 2001 Surgical Mix-Ups and Wrong-Sited Surgeries
  • Risk Management Tips to Prevent Patient Mix-ups and Misidentification of Surgical Sites
Issue 10 April 2001 Recent Cases Highlighted
  • Arizona Defense Verdict in Death Case
  • Defense Verdict in Florida Death Case
  • Illinois Jury Returns Verdict Against Co-Defendants
  • Texas Defense Verdict in Videotaped Awareness Case
Issue 9 August 2000 Recent Cases Highlighted
  • Pneumothorax: Florida Jury Rejects Stress Induced Recurrence of Cancer
  • Pulmonary Damage: Defense Verdict in West Virginia
  • Cervical Injury: New York Court Grants Motion to Dismiss During Trial
Issue 8 December 1999 Patient Safety – A Y2K Reminder
  • Y2K Resources on the Web
Issue 7 April 1998 Burns: A Significant Source of Anesthesia Malpractice Claims
  • Intra-operative Fire: Connecticut Jury Finds Against Anesthesiologist
  • Credentialing: Reporting Your Claims History
Issue 6 August 1997 Pre-Operative Discussions should be included in Informed Consent Process
  • Eye Injury: Defense Verdict in Connecticut Peribulbar Block Case
  • Awareness: High on List of Anesthesia-related Injuries
  • Risk Management Analysis
Issue 5 January 1997 Recent Cases Highlighted
  • Ulnar Nerve Damage: New Hampshire Defense Verdict
  • Ulnar Nerve Damage: Defense Verdict in Missouri
  • Femoral Nerve Damage: Directed Verdict in Florida Case
  • Risk Management Seminars
Issue 4 October 1996 Nerve Damage Claims
  • Median Nerve Damage: West Virginia Defense Verdict Entered
  • Nerve Damage Claims are the Third Most Frequent Injury
  • Risk Management Analysis
Issue 3 July 1996 Top Ten Anesthesia Claims Analyzed
  • Dental Injury Leads List of Most Common Claims
  • Vision Loss after Peribulbar Block: Iowa Jury Returns Plaintiff’s Verdict
  • Risk Management Analysis
Issue 2 April 1996 Recent Cases Highlighted
  • Ulnar Nerve Injury: Connecticut Trial Court Enters Verdict
  • Epidural Hematoma: Texas Jury Returns Defense Verdict
  • Wrong-sided Surgery: Texas Jury Finds for Anesthesiologist
  • Pain Management: West Virginia Defense Verdict
Issue 1 October 1995 Inaugural Issue
  • Jury Returns Defense Verdict for Insured Anesthesiologist
  • Supervised Anesthesia Received Unfavorable Media Attention
  • Florida Jury Finds in Favor of Policyholder
  • Warmed IV Bags Continue to Result in Claim Settlements
  • Intraoperative Fires Lead to Allegations Against Anesthesiologists