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Malpractice System

Journal Articles

  1. Posner KL, Caplan RA, Cheney FW: Variation in expert opinion in medical malpractice review. Anesthesiology 85:1049-54, 1996. [Abstract, NLM PubMed Link] See also: Peer Review.

    Medical experts in malpractice claim review rely on implicit (personal,unstated) rather than explicit (stated prior to review) criteria in assessing whether the standard of care was met. The data collection process of the ASA Closed Claims Project was used to investigate the role of this implicit assessment process in expert opinion. Reviewing original documents, anesthesiologists agreed on 62% of claims and disagreed on 38%, suggesting that divergent opinions may be easily found in seeking opinions from multiple experts.

  2. Cheney FW, Posner KL, Lee LA, Caplan RA, Domino KB. Trends in Anesthesia-related Death and Brain Damage: A Closed Claims Analysis. Anesthesiology. 2006 Dec;105(6):1081-1086. [Abstract, NLM PubMed Link] See also: Respiratory System, Malpractice System, Monitoring - Physiologic. Order this article from: Journal Website.

    The significant decrease in the proportion of claims for death or permanent brain damage from 1975 through 2000 seems to be unrelated to a marked increase in the proportion of claims where pulse oximetry and end-tidal carbon dioxide monitoring were used. After the introduction and use of these monitors, there was a significant reduction in the proportion of respiratory and an increase in the proportion of cardiovascular damaging events responsible for death or permanent brain damage.

Newsletter Articles

  1. Cheney FW: How much professional liability coverage is enough? Lessons from the Closed Claims Project. ASA Newsletter 55(6):14-15, 1991. See also: Malpractice System
  2. Caplan RA, Posner KL: The expert witness: Insights from the Closed Claims Project. ASA Newsletter 61(6):9-10, 1997. [Full Text] See also: Peer Review
  3. Domino KB: Trends in anesthesia litigation in the 1990's: Monitored anesthesia care claims. ASA Newsletter 61(6):15-17, 1997. [Full Text] See also: Monitoring - Physiologic
  4. Cheney FW: Anesthesia patient safety and professional liability continue to improve. ASA Newsletter 61(6):18-20, 1997. [Full Text] See also: Quality of Care
  5. Domino KB: Trends in anesthesia litigation in the 1990's: Monitored anesthesia care claims. ASA Newsletter 61(6):15-17, 1997. [Full Text] See also: Anesthesia - Regional / MAC; Monitoring - Physiologic
  6. Cheney, FW: How Much Professional Liability Coverage Is Enough? Lessons From the ASA Closed Claims Project . ASA Newsletter 63(6):19, 21, 1999. [Full Text]
  7. Domino, KB: Another Malpractice Insurance Crisis Brewing for Anesthesiologists? ASA Newsletter 66(6): 5, 2002. [Full Text; PDF Version]
  8. Cheney, FW: Changing Trends in Anesthesia-Related Death and Permanent Brain Damage ASA Newsletter 66(6): 6-8, 2002. [Full Text; PDF Version] See also: Respiratory System
  9. Domino, KB: Increasing Costs of Professional Liability Insurance. ASA Newsletter 67(6): 6, 2003. [Full Text; PDF Version]. Published for the Committee on Professional Liability.
  10. Domino KB: Availability and Cost of Professional Liability Insurance. ASA Newsletter, 68(6): 5-6, 2004. [Full Text; PDF Version]. Published for the Committee on Professional Liability.
  11. Posner KL: Data Reveal Trends in Anesthesia Malpractice Payments. ASA Newsletter 68(6): 7-8 & 14, 2004. [Full Text; PDF Version]

Conference Presentations and ASA Abstracts

  1. Posner KL, Domino KB, Polissar NJ, Conrad DA, Cheney FW: Trends in Anesthesia Malpractice Lawsuit Payments. Anesthesiology, 101: A-1405, 2004. [FullText]
  2. Posner KL, Cheney FW, Domino KB: "Anesthesia vs. Neurosurgery Malpractice Liability" Anesthesiology 105: A144, 2006. [Full Abstract Text]

 

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