Cheney F W, Posner K, Caplan R A, Ward R J
Department of Anesthesiology, University of Washington School of Medicine, Seattle 98195.
JAMA. 1989 Mar 17;261(11):1599-603.
For the past 3 years, the Committee on Professional Liability of the American Society of Anesthesiologists has been studying records of closed malpractice claims files for anesthesia-related patient injuries. The database of 1004 lawsuits was examined to define the impact of the "standard of care," as judged by a practicing group of anesthesiologists, on the likelihood and amount of financial recovery. We found that payment was made in more than 80% of claims made by patients who were judged to have received substandard anesthetic care. Payment also was made in more than 40% of claims when the anesthesia care was judged to be appropriate. We conclude that in the tort-based system of compensation for anesthesia-related injury, the patient has a high probability of financial recovery for injury caused by substandard care. However, if the anesthesiologist provides appropriate care there is still a greater than 40% chance that payment will be made for the claim of malpractice.
在过去三年里，美国麻醉医师协会职业责任委员会一直在研究已结案的麻醉相关患者伤害医疗事故索赔档案记录。对1004起诉讼的数据库进行了审查，以确定由一组执业麻醉医师判断的“护理标准”对获得经济赔偿的可能性和金额的影响。我们发现，在被判定接受了不合格麻醉护理的患者提出的索赔中，超过80%获得了赔偿。当麻醉护理被判定为适当的情况下，超过40%的索赔也获得了赔偿。我们得出结论，在基于侵权行为的麻醉相关伤害赔偿体系中，患者因不合格护理造成的伤害获得经济赔偿的可能性很高。然而，如果麻醉医师提供了适当的护理，仍有超过40%的可能性会对医疗事故索赔进行赔偿。
