Medical litigation as a result of awareness during general anaesthesia

Author:

Porzionato Andrea12,Manani Giovanni3,Montisci Massimo2

Affiliation:

1. Section of Anatomy, Department of Human Anatomy and Physiology, University of Padova, Via Gabelli 65, 35121 Padova, Italy

2. Section of Legal Medicine and Forensic Pathology, Department of Environmental Medicine and Public Health, University of Padova, Via Falloppio 50, 35121 Padova, Italy

3. Department of Anaesthesiology, University of Padova, Via Battisti 267, 35121 Padova, Italy

Abstract

In the literature, little attention has been paid to the medico-legal implications of awareness during general anaesthesia, a complication which has been reported with an incidence of 0.5-2%. We present the case of a 39-year-old nurse who experienced awareness during salpingo-adnexectomy for tubo-ovarian pregnancy. The operation was performed as an emergency, due to severe haemorrhage. Anaesthesia was induced with 125 mg of thiopental sodium and 60 mg of succinylcholine, and then maintained with repeated doses of fentanyl and 7 mg of vecuronium. In the court settlement, medical liability was rejected, because her awareness during anaesthesia was ascribed to the need to use small quantities of anaesthetics, due to severe hypotension, and not to medical error. The case presented here and a brief review of the literature indicate that awareness during anaesthesia is not always a consequence of medical negligence.

Publisher

SAGE Publications

Subject

Law,Health Policy,Issues, ethics and legal aspects

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