Risk Management and Medicolegal Aspects of Anesthesia Equipment Use


Overview

To prevent harm resulting from anesthesia care and to continuously improve patient safety, active effort is needed to manage process risk. The concept of risk management (RM) is widely applied in many domains, including health care. Successful RM is composed of several elements, beginning with the identification of problems that should be addressed to avoid poor outcomes and followed by the implementation of an overall strategy with appropriate tactics to minimize the opportunities for failures and their ensuing adverse events. Because adverse outcomes will still occur despite the best intentions and efforts, a process is needed to appropriately respond so that the correct course is pursued for the patient, providers, organizations, and insurers. The general principles of RM are applicable to the spectrum of causes of poor outcomes. This chapter focuses on how these principles can be applied specifically to problems to which anesthesia equipment may contribute. Problems and circumstances that lead to adverse outcomes are discussed, and a set of processes that can constitute a RM strategy are provided, including medicolegal management.

Elements of Risk Management in Anesthesia Practice

RM is an established discipline with dedicated professional organizations, such as the American Society for Healthcare Risk Management. The terms frequently used in this discipline are summarized in Table 26.1 . Traditionally the emphasis has been on managing risk for the primary purpose of avoiding financial loss. More recently, it has been recognized that financial losses can best be prevented by investing in a comprehensive approach to ensure patient safety. Formal RM processes were first developed in high-technology industries such as nuclear power, aviation, aerospace, and the chemical industry. Subsequently, they have found broader applications. Probability risk assessment (PRA), failure mode effect analysis (FMEA), and other quantitative and qualitative techniques are applied to estimate risk and plan for reaching “acceptable” risk levels. Such formal approaches were less common in health care, but their adoption has been steadily increasing. Management of the risk associated with anesthesia equipment must often rely on more intuitive and qualitative assessments to judge the relative risks and benefits. This is especially true for the clinician or administrator confronted with purchasing and process decisions. Even in the absence of robust quantitative data, the general principles of RM are the same: defining potential problems, estimating the likelihood of occurrence, weighing the relative benefits of expenditure of available resources, applying the solutions, and monitoring how well the solutions are working. Perhaps the greatest problem with management of risk, especially for the rare, devastating, catastrophic events, is that it is difficult to link investments in patient safety to the incidence of adverse clinical outcomes and malpractice claims. This is a particularly difficult problem with anesthesia equipment, because such major events occur less frequently than other types of anesthesia-associated adverse outcomes.

Table 26.1
Frequently Used Risk Management Terminology
Adverse event An injury resulting from a medical intervention (i.e., not due to the underlying medical condition of the patient).
Error Failure of a planned action to be completed as intended or the use of a wrong plan to achieve an aim; not all errors result in injury. In an effort to thoroughly consider all of the relevant issues related to medical errors, the Quality Interagency Coordination Task Force report expanded the Institute of Medicine’s definition to read as follows: “An error is defined as the failure of a planned action to be completed as intended, or the use of a wrong plan to achieve an aim. Errors can include problems in practice, products, procedures, and systems.”
Human factor The study of relationships among human beings, the environments in which they live and work, and the tools they use.
Preventable adverse event An adverse event that was attributable to a medical error. Negligent adverse events represent a subset of preventable adverse events that satisfy legal criteria used in determining negligence, whether the care provided failed to meet the standard of care reasonably expected of an average physician qualified to take care of the patient in question.
Safety Freedom from accidental injury
System A set of interdependent elements working to achieve a common aim. The elements may be both human and nonhuman (e.g., equipment, technologies).
Types of failure Errors of execution are those in which the correct action does not proceed as intended; errors of planning are those in which the original intended action is not correct.

Risk Associated with Anesthesia Equipment Use

The study of adverse anesthetic events provides insight into their causes and leads to interventions that should decrease their occurrences. Greater attention to improving patient safety and the introduction of new technology is believed to be associated with a declining trend in the overall incidence of anesthesia mishaps associated with the use of anesthesia gas delivery equipment. Nevertheless, adverse outcomes related to equipment failure and/or misuse persist, and the results are often severe. In fact, the inherent rarity of serious complications from anesthesia likely creates an additional hazard. That is, most anesthesiologists do not have the experience or training to respond appropriately to these incidents. Studies of anesthesia practice have yielded valuable data that quantify the frequent causes of errors and have provided insight into the complex environment in which they occur.

Anesthesia is delivered in a complex, dynamic environment that involves the interactions of a surgical insult with unpredictable physiology, numerous pharmacologic interventions, and the use of multiple electromechanical devices. The system involves the interactions of numerous physicians, nurses, and ancillary personnel influenced by a “host of administrative, political, and cultural factors.” In this environment, deviations or “incidents” arise frequently, occurring spontaneously from the patient’s disease (e.g., hypertension), from planned interventions, (e.g., disconnecting the breathing circuit to suction the tracheal tube), or as the result of human error or equipment failure. The majority of these incidents or “near misses” have little or no impact on patient outcome. Events that could or did lead to an undesirable outcome have been termed “critical incidents.” When an event does lead to an undesirable outcome, it is termed an “adverse event.”

The chain of events associated with accident evolution has been studied extensively in other domains in which RM is commonly practiced. Many of the insights gained are equally applicable to the prevention of anesthesia accidents. A well-understood concept introduced into accident understanding and prevention in health care, and anesthesia specifically, is that errors and failures do not stand alone. Rather they are elements embedded within a larger system, in which equipment is only one of several categories of latent risk factors for adverse events ( Table 26.2 ). It is widely accepted that human error must be thought of in this context, i.e., that the operator is rarely the primary “fault.” In fact, the technology is also rarely the sole “fault” or cause of an adverse outcome. The science of patient safety has embraced these ideas, which are critical for establishing measures to avoid adverse outcomes associated with equipment.

Table 26.2
Latent Risk Factors
Latent Risk Factor Issues
Equipment, design, and maintenance Availability, functioning, standardization design, and maintenance of machines
Staffing Adequate staffing, skills
Communication Work-directed communication, openness, interrelation, atmosphere
Training Training for machines, procedures, team training
Teamwork and team training Team performance
Procedures Presence of protocols, adherence to protocols
Situational awareness Awareness of present situation, own tasks, and future developments
Incompatible goals Balance between goals and safety
Planning and organization Process of care
Housekeeping Hygiene
From van Beuzekom M, Boer F, Akerboom S, Hudson P: Patient safety: latent risk factors, Br J Anaesth 105(1):52–59, 2010.

Incidence and Characteristics of Adverse Equipment Events

Sources

Important sources that serve to define risk associated with the use of anesthetic equipment include national adverse outcome reporting registries such as the online Australia and New Zealand Anaesthetic Incident Reporting System (webAIRS), the United Kingdom’s National Patient Safety Agency adverse events reporting, , the French health ministry’s national registry of incidents, and the U.S. Veterans Administration adverse event registry. The American Anesthesia Quality Institute National Anesthesia Clinical Outcomes Registry was initiated in 2010 but has not published compiled data. Other sources, including medicolegal claims databases (the American Society of Anesthesiologists [ASA] Closed Claims Project [CCP]), prospectively collected single institution quality data, , retrospective critical incident surveys, , and case reports. The primary methodological limitation to prospectively investigate adverse anesthetic equipment events is the rarity of their occurrence; however, organized national registries are beginning to compensate for this challenge. Additional limitations in investigating this topic include heterogeneity in reporting and definitions used to characterize adverse events, and the subjective evaluation of these incidents. The sum of this body of literature forms a representative picture of adverse events related to anesthetic equipment and can help form strategies for their prevention.

National adverse event registries now contain sufficient case samples to provide better insight into the nature and outcomes of anesthesia equipment-related incidents. Some inferences can be made about the prevalence of these rare events relative to other adverse events. However, voluntary reporting still limits understanding of the true incidence. The Australian webAIRS consists of an anonymous online reporting program begun in 2009 which contained 4000 cases as of 2016 with approximately 150 discrete detail elements about each case, ranging from patient demographic information to judgments about causes of anesthetic mishaps. The United Kingdom’s Safe Anaesthesia Liaison Group (SALG) is a working group of the Association of Anaesthetists of Great Britain and Ireland (AAGBI) in partnership with the U.K. National Health Service which has evaluated over 4000 adverse anesthetic events as of 2013. Information queried from reporters includes demographics details, classification of the incident, causation, outcomes, judged causation, and narrative description of the events. The ASA CCP is an evolving database of over 6000 adverse anesthetic events that have occurred over four decades. This database consists of cases provided by numerous malpractice insurers in the United States that are reviewed and evaluated by anesthesiologists. Of these, 115 cases were claims related to anesthesia gas delivery equipment. The U.S. Veterans Health Administration maintains a Root Cause Analysis (RCA) database of adverse medical events that contains details and analysis of 3228 cases from 2012–2015, of which 36 involved anesthetic care.

Incidence

The majority of adverse events in anesthetic practice are multifactorial and involve a combination of systems problems, human factors, and actual technical failures. Isolated anesthetic equipment failures are rare and contribute to the minority of adverse events. Nonetheless, it is valuable for the clinician to understand the incidence of such events and to what degree each is associated with patient injury. Attempts made to identify the incidence of these isolated failures and compare them are limited by varied methodology (e.g., extended timeframe of event collection, definitions used by investigators). Nonetheless, the incidence of adverse events with anesthetic gas delivery equipment has been estimated to occur in 0.23%–0.4% of cases, , and represent 1%–12% of reports in adverse anesthetic event databases. , , ,

The webAIRS database contains 523 equipment-related events in the first 4000 incidents, representing 12% of the reports ( Table 26.3 ). Analysis of adverse events in the ASA CCP database since 1990 revealed that 1.2% (40 of 3369 total claims) were associated specifically with gas delivery equipment. From a practical standpoint, the incidence of equipment failure has been reported in single-institution, consecutive record audits at a rate of 1 in 250 to 1 in 435 general anesthetics. ,

Table 26.3
Category of Anesthetic Incidents Over Time
Approximate Case Groups Over Time 1–1000 1001–2000 2001–3000 3001–4000 1–4000
Main Category of Incidents n % n % n % n % n %
Respiratory/Airway 258 23.37 309 28.56 306 28.60 299 28.13 1172 27.02
Medication 194 17.57 178 16.45 183 17.10 165 15.52 720 16.60
Cardiovascular 179 16.21 151 13.96 162 15.14 187 17.59 679 15.66
Medical Device/Equipment 190 17.21 149 13.77 92 8.60 92 8.65 523 12.06
Assessment/Documentation 75 6.79 52 4.81 60 5.61 48 4.52 253 5.83
Infrastructure/System 59 5.34 63 5.82 56 5.23 51 4.80 229 5.28
Neurological 51 4.62 80 7.39 54 5.05 52 4.89 237 5.46
Other 94 8.51 88 8.14 120 11.21 137 12.89 439 10.12
Not Specified 4 0.36 12 1.11 37 3.46 32 3.01 85 1.96
Total 1104 100 1082 100 1070 100 1063 100 4337 100

It is not clear how generalizable these data are to individual anesthetic practices given the range of equipment used, audit reporting compliance, and definitions of “equipment problems.” It is also possible that clinicians may be more likely to report on equipment-related events; hence, those may be overrepresented in databases that include noninjurious events. Fortunately, some of these equipment failures have led to either mandated removal from the market (recall) or improvements in design.

In contrast to isolated equipment failure, “use error,” or what had been referred to in earlier publications as “human error,” had been reported as being responsible for the majority of adverse events and thus represented the most significant contributor to adverse outcomes. Judgment about the contribution of use error remains prevalent in the literature; however, the user and technology are now understood to be intertwined. In addition, there is currently a de-emphasis on personal blame in evaluating adverse events; rather, addressing systems problems has been deemed more fruitful in building a sustainable culture of safe health care delivery.

Characteristics of Adverse Events

As the frequency of anesthesia equipment-related events appears to be decreasing in frequency, it is unclear if the nature of those events or the severity of injuries has changed ( Table 26.4 ). In early reports, the Australian adverse event database defined that the leading sources of equipment problems included unidirectional valves, ventilators, anesthesia machines, breathing circuits, gas supplies, and electricity. More recently, the ASA CCP database includes 14 problems with vaporizers, 11 with supplemental oxygen supplies, 8 with breathing circuits, 5 with ventilators, and 5 with the anesthesia machine itself ( Table 26.5 ). The management of many specific hazards and failures associated with anesthesia equipment is described in Chapter 23 .

Table 26.4
Degree of Harm Over Time
Case Groups over Time 1–1000 1001–2000 2001–3000 3001–4000 1–4000
Outcome of Incidents at Time of Reporting n % n % n % n % n %
No harm 716 75.13 636 67.73 581 68.51 581 68.92 2514 70.16
Patient harm 203 21.30 270 28.75 228 26.89 217 25.74 918 25.62
Patient death 34 3.57 33 3.51 39 4.60 45 5.34 151 4.21
Total 953 100 939 100 848 100 843 100 3583 100
Not specified/no patient involved 47 61 152 157 417

Table 26.5
Type of Equipment Involved
Type of Equipment Provider Error Only Equipment Failure Only Both Preventable by Preanesthesia Check
Vaporizer ( n=14) 8 (57%) 3 (21%) 2 (14%) 6 (43%)
Supplemental oxygen supply (n=11) 11 (100%) 0 0 0
Breathing circuit (n = 8) 2 (25%) 1 (13%) 5 (63%) 6 (75%)
Ventilator (n=5) 5 (100%) 0 0 0
Anesthesia machine (n=2) 1 (50%) 1 (50%) 0 2 (100%)
Total (n=40 ) 27 (68%) 5 (13%) 7 (18%) 14 (35%)
Provider Error, Equipment failure, and Prevention (1990 or later)

One vaporizer claim had no error identified.

Regarding the severity of injury, in events occurring prior to the 1990s, equipment-related claims were more likely to be associated with serious injury or death and larger financial settlements than other anesthetic adverse outcomes. Certainly, the use of financial settlement size is an imperfect surrogate measure of outcome severity, and it is possible that some equipment-related claims were settled preemptively by a manufacturer and were not represented in the ASA CCP database.

Anesthesia gas delivery is complex, with multiple connections and moving parts that would make one likely to suspect that equipment failure would play a prominent role in adverse events. However, even in a simplistic failure model that categorizes attribution to either human or machine, use errors were judged to be more common than equipment failure per se (emphasizing the role of use error in equipment-related critical incidents and adverse outcomes) (see Table 26.5 ). Breathing circuits are an excellent example of this phenomenon. A simple misconnection or disconnection of the breathing circuit was the initiating event in a large proportion of cases. , , Importantly when compiled over the entire course of the CCP, this subset of adverse event type remains a large contributor to injury that has not been eliminated by the use of capnography, breathing circuit pressure alarms, and pulse oximetry monitoring.

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