ASCs in recent years have seen an increase in "nuclear verdicts," when juries award more than $10 million, according to an Oct. 3 article from risk advisor company RCM&D.
This is true across healthcare. Malpractice verdicts hit a record high in 2021, with 57 medical malpractice verdicts of $10 million or more. More than half of those verdicts hit $25 million.
Recent cases highlight the significant financial consequences when things go wrong in an ASC setting, according to the report.
Here are three notable examples of high jury verdicts in recent ASC cases, including one nuclear verdict:
1. In August, a jury in Portland, Ore., awarded more than $24.6 million to the family of a patient who died during a colonoscopy in 2018. The family of Erric Gilbert initially sued the Portland Clinic and the team of medical providers for a total of $57.7 million in both economic and non-economic damages. The lawsuit claimed the ASC failed to provide emergency resuscitation in time after Mr. Gilbert's vital signs began to crash during his procedure. The jury held the clinic team 40% responsible for Mr. Gilbert's death, while the remaining responsibility was placed on an anesthesiologist who settled the case out of court.
2. Also in August, an anesthesia provider and its malpractice insurer paid $4.2 million to settle with the family of Michelle Crisafulli, who died following a procedure at RWJBarnabas Health’s Gregori Surgery Center.
Ms. Crisafulli underwent the removal of an intrauterine device under general anesthesia on July 24, 2018. During the procedure, her blood pressure and oxygen levels dropped, but the anesthesiologist, Peter Scala, MD, did not halt the surgery. She died on Aug. 16, 2018, about a month after the procedure. The settlement, which exceeded insurance coverage, included $2 million paid by MedPro and $2.2 million from Pediatrix.
3. Another example cited by the report, a 55-year-old patient suffered a stroke after an anesthesiologist failed to maintain proper blood pressure levels during shoulder surgery at an ASC. The patient survived but the effects of the stroke included decreased cognition and the inability to work at his job any more. The patient reached a $1.1 million settlement as a result.
The report advises implementing the following standards to minimize risk:
- Standardize preoperative assessments
- Conduct regular, timed post-operative assessments
- Use standardized checklists to ensure equipment is available
- Create an environment where employees feel comfortable to speak up
- Train employees to respond to emergencies
- Ensure staff receive life support training
- Ensuring informed consent is fully explained to patients