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It's Never Just A Block An Analysis of Regional Anesthesia Closed Claims 2019
It's Never Just A Block An Analysis of Regional Anesthesia Closed Claims 2019
Anesthesia care increasingly includes use of regional thesia and adverse outcomes of care. The American
anesthesia techniques, either as a primary anesthetic Association of Nurse Anesthetists Foundation Closed
or to reduce the patient’s postoperative pain. Both Claim Research Team searched the most current data-
neuraxial anesthesia and peripheral nerve blockade base of closed claims that involved adverse outcomes
have several noteworthy functions. These functions when either a peripheral nerve block or a neuraxial
include diminishing sensory sensation to pain and block was a component of care in the claims. Although
potentially producing a motor blockade, both of which there were only 32 claims in the dataset, a thematic
may facilitate the surgical procedure. The desire to analysis resulted in the identification of 3 themes:
reduce reliance on opioid medications, protocols to errors in cognitive decision making, ineffective com-
enhance and accelerate patient recovery from surgery, munication patterns, and production pressure.
and patient expectations all contribute to the likeli-
hood that use of regional anesthesia will continue to
gain popularity. As such, it is essential to understand Keywords: Closed claims, malpractice, neuraxial block,
whether an association exists between regional anes- peripheral nerve block, regional anesthesia.
O
ver the past several decades there has been frequency of malpractice claims related to regional blocks
a proliferation in the volume of anesthet- continues, in contrast to the declining overall rates of
ics administered that include some form complications related to anesthesia.7 Achievement of
of regional anesthesia.1-3 Reasons for this optimal outcomes during use of regional anesthetics
increase in volume include avoidance of entails application of the necessary knowledge, skills,
complications traditionally associated with components and abilities to perform these techniques consistent with
of general anesthesia, improved resource utilization, current standards of practice, as well as avoidance of
and greater patient satisfaction.2 Regional anesthetic the issues that were identified through analysis of the
techniques can provide excellent perioperative analge- regional claims reported here. The purpose of this study
sia. Enhanced recovery protocols for a broad variety of was to identify factors that may influence poor outcomes
surgical procedures increasingly recommend the use of in patients undergoing regional anesthesia.
regional anesthetics to help accelerate patient recovery
and improve clinical outcomes.4 The impact of regional Methods
anesthesia on anesthetic outcomes has been variably A team was assembled to analyze closed claims related to
described, with recent studies demonstrating improved regional anesthesia found in the American Association of
patient outcomes when regional anesthetics are used.1-3 Nurse Anesthetists Foundation (AANAF) closed claims
The use of ultrasound guidance for the placement of database. The team was composed of Certified Registered
peripheral nerve blocks, when feasible, has contributed to Nurse Anesthetists (CRNAs) who were clinical practitio-
the consistency with which successful regional anesthet- ners or educators. The team leader queried the AANAF
ics are obtained.5 closed claims database for claims related to regional
Although no outcomes studies to date have dem- anesthesia. The database includes both quantitative and
onstrated the impact of regional anesthesia on overall qualitative data consisting of 245 malpractice claims con-
anesthetic mortality,6 historically, regional block–related sidered closed and involving either a CRNA or a student
anesthesia malpractice claims are consistently repre- registered nurse anesthetist from the years of 2003 to
sented in overall anesthesia malpractice claims.7 The 2012.8 The query produced 32 claims related to regional
complied with the wishes for an epidural block. After was assisted into the prone position for the procedure.
the CRNA’s 2 attempts at block placement and both During the procedure, the oxygen saturation decreased,
times eliciting cerebrospinal fluid, a second CRNA was and the patient’s head and airway were repositioned
successful with placement, and results of a test dose of with anticipation of relieving apparent airway obstruc-
lidocaine with epinephrine were negative for changes tion. Despite this maneuver, desaturation was noted via
in heart rate. The first CRNA resumed care of the pulse oximetry. The CRNA was unable to adequately
patient and administered lidocaine and 2-chloroprocaine ventilate the patient in the prone position; therefore, the
through the catheter. In the operating room the patient patient was quickly turned supine, endotracheal intuba-
Production pressure Departure from standards of care; resource allocation; inappropriate patient selection for
type of facility
tion was performed, and the case was canceled. Both for the facility, and subsequent deviations from the prac-
lower extremity sensation and motor function was slow tice standards are described in a claim involving a young,
to return; the patient was transferred to the hospital for morbidly obese (body mass index of 42 kg/m2) individual
further evaluation. The MRI revealed a pneumocephalus, with multiple comorbidities including obstructive sleep
and a diagnosis was made for cauda equina syndrome. apnea. The patient was scheduled for a lower extremity
Rehabilitation ensued for lower extremity motor/sensory orthopedic procedure in a freestanding surgical facility.
deficits and poor bladder/bowel control. The patient The CRNA had reservations about providing anesthesia
eventually regained some lower extremity function but for the patient in this setting but agreed to proceed. A
ultimately was found to have permanent disability. spinal anesthetic was placed, and intravenous sedation
• Ineffective Communication Pattern. Evidence of was facilitated with a propofol infusion. During the
ineffective communication patterns was found to occur anesthetic both hypotension and airway obstruction
between patients and the CRNA, between anesthesia occurred. The patient’s airway was intubated to relieve
professionals, and between anesthesia professionals and the airway obstruction, and vasoactive medications were
other members of the perioperative team. An example administered to counteract the hypotension. Details of
of this theme involves a parturient who requested labor care were not adequately documented, and it was diffi-
epidural analgesia. There was a failure on behalf of the cult to ascertain when vasoactive medications were given
patient to inform the CRNA of her history of spina bifida or if there was any response to them. Furthermore, the
as an infant and a previous surgical procedure to remove medical record was appended on the second and fourth
a spinal tumor. The patient had informed the anesthesi- postoperative days (however, this did not offer clarity to
ologist of her previous surgery for spinal tumor removal the sequence of events). The patient ultimately received
and spina bifida; however, there was no communication a diagnosis of anoxic encephalopathy and died less than
between the anesthesiologist and the CRNA. The CRNA 2 weeks after the surgery.
asked the patient about the cause of a scar on her back. Another claim is worth noting here. A patient was
The patient communicated to the CRNA that the scar was scheduled for cataract surgery in a freestanding surgical
the result of a lumbar laminectomy. After several unsuc- facility. A CRNA administered a retrobulbar block to the
cessful attempts to place the epidural by the CRNA, the patient without connecting the patient to monitors, pro-
patient informed the CRNA about the previous spinal viding the patient supplemental oxygen, or documenting
tumor and spina bifida. There were no further attempts vital signs. Once the block was complete, the CRNA left
at placement made; however, after a natural childbirth the patient’s bedside without transferring care to another
(no anesthesia), a diagnosis of paraplegia was made. This provider. The CRNA who provided the block was not the
case represented communication failures between anes- CRNA who was scheduled to provide anesthesia for the
thesia providers and between the CRNA and patient. procedure. The patient became apneic and unresponsive,
• Production Pressure. Gaba et al10 described produc- did not regain consciousness after resuscitation, and life
tion pressure as the pressure to put efficiency, output, or support was eventually discontinued. The pressure to do
continued production ahead of patient safety. Production many cases may have created a scenario in which lack of
pressure was found to be a factor in almost one-third of patient monitoring and poor documentation were con-
the regional anesthesia claims and involved deviations sidered acceptable.
from the AANA Standards for Nurse Anesthesia Practice Another claim that appears related to production
(AANA Standards), inappropriate patient selection for pressure and to breech of standards involves a laboring
facility, and inappropriate staffing. Lack of informed parturient who was accidentally given a wrong medica-
consent, inadequate/missing preanesthetic evaluation, tion via her epidural catheter. A student registered nurse
poor documentation, and failure to monitor the patient anesthetist who “felt rushed” administered magnesium
represented the most common violations of standard of sulfate instead of ropivacaine via the epidural catheter.
care. Table 3 shows frequently violated Standards for This error was not detected for several hours despite
Nurse Anesthesia Practice found in the claims. numerous complaints of pain by the patient. Over the
Production pressure, inappropriate patient selection course of 4 hours, the patient received 3 additional lido-
4 Obtain and document or verify documentation of informed consent from patient or legal representative.
5 Communicate anesthesia care and activities through legible, timely, accurate, and complete documentation.
9 Monitor, evaluate, and document the patient’s physiologic condition as appropriate for the procedure and
anesthetic technique.
caine boluses and a new epidural catheter, none of which involves a CRNA observing changes in a patient’s physi-
resolved the patient’s pain. Finally, the epidural infusion ologic condition, comprehending the implications of the
was discontinued in preparation for an MRI to evaluate physiologic changes to formulate a corrective interven-
for an epidural abscess. When the patient was taken to tion, and then actually implementing the intervention.
the radiology suite 4 hours later, the patient was unable Vigilance is defined as sustained awareness during a single
to move her legs, and the CRNA discovered magnesium task and is related conceptually to situational awareness.25
sulfate was the drug in the epidural pump. The patient Vigilance is a prerequisite for situational awareness, but
sustained permanent neurologic injury. situational awareness is not a prerequisite for vigilance.25
For example, a CRNA can be vigilant of a patient’s physi-
Discussion ologic vital signs but be unaware of surgical activity or
Analysis of the data specific to anesthesia closed malprac- blood loss (ie, lack of situational awareness).
tice claims offers the opportunity to acknowledge factors Cognitive biases can influence cognitive decision
that appear contributory to adverse outcomes. The ben- making. A cognitive bias is a type of cognitive error
efits are noteworthy irrespective of the type of anesthesia. that results from faulty thought processes.26 The faulty
The themes identified in these regional anesthesia claims thought process can include an error in collecting or
were similar to those found in other anesthesia closed processing clinical information.26 Cognitive biases that
claims studies.11-13 This finding suggests that although result in medical errors are commonly caused by a
the volume of regional anesthesia is exponentially in- knowledge deficit.27 More than 100 types of cognitive
creasing, and for a plethora of sound scientific reasons, biases are currently described in the literature.27 A strat-
it is not free from its own unique set of complications. egy suggested in the literature to mitigate cognitive bias
• Errors in Cognitive Decision Making. Errors in is self-reflection to identify personal bias and incorrect
cognitive decision making were found in more than half thought processes.26 Some examples of cognitive bias
of the claims. Frequently, these errors are attributed to relevant to anesthesia include diagnostic momentum,
increased cognitive workload.14 Cognitive workload is framing, and anchoring.26 Diagnostic momentum occurs
defined as the psychological effort necessary to complete during transfer of patient care when a new team assumes
a particular task.15 Excessive cognitive workload can care of the patient and accepts the previous clinician’s
result in information overload and healthcare profes- diagnosis of a specific disease or complication, but no
sionals experiencing a decreased ability to process new new assessment is performed.26 Framing occurs when
information.16 Information overload makes it challenging a clinician makes assumptions based on current clinical
for clinicians to separate relevant from irrelevant infor- care being provided (eg, missing an internal hemorrhage
mation to inform optimal clinical decision making.17 If because the surgical procedure is not normally associ-
information overload is sustained over time, it may cause ated with it).26 Anchoring occurs when clinicians make
mental fatigue and contribute to cognitive errors (ie, an assumption based on the patient’s medical history
errors in decision making) that increase the likelihood (eg, patient with insulin-dependent diabetes must be
of medical errors.14 Excessive cognitive workload results noncompliant with diet at home).26 It is important for
in medical errors,18-22 by decreasing vigilance and situ- anesthesia providers to be aware of potential causes of
ational awareness.21,23 errors in cognitive decision making and to understand
Situational awareness and vigilance are 2 interre- how to mitigate them.
lated concepts that are important in preventing errors in • Ineffective Communication Pattern. This analysis
cognitive decision making.24 The defining attributes of cited ineffective communication as a causal factor in
situational awareness include an individual’s perception several claims. Effective communication between health-
of his or her surroundings, comprehension of his or her care team members and with patients is essential for the
observations, and initiating clinical actions based on that provision of safe patient care. The Joint Commission es-
comprehension.24 For example, situational awareness timates that approximately 80% of serious medical errors
occur due to miscommunication during the transfer of ensure that we are using effective communication skills
care.28 Most commonly, communication failures occur and allocating adequate time to these essential interac-
between different professional members of a team, such as tions with patients.
between the anesthesia provider and surgeon, or between Obtaining an informed consent requires that a patient
the surgeon and a nurse.29,30 Poor information sharing by be given accurate and timely information regarding the
the team during the intraoperative care has been shown to risks and benefits of all anesthetic options. Specifically,
contribute to an increased risk of complications or death with regional anesthesia, investigators have found that
regardless of a patient’s physical status class.31 patients wish to receive information about minor (eg,
Communication failures may be the result of con- nausea, urinary retention) complications as well as more
flicting communication styles, inattention to concerns/ serious potential complications (eg, permanent neurolog-
failure to voice concerns, differing “world views,” or ic injury, high spinal anesthesia) when informed consent
even disruptive behaviors.32 Communication failures is obtained.35 Ideally, discussions about anesthetic-relat-
between providers and patients or providers and family ed risks and benefits should occur when both the patient
also contribute to poor patient outcomes. A healthcare and anesthetist can provide the attention needed to have
provider may be highly technically skilled, yet ineffective a meaningful exchange free from the distractions of pain,
communication on his or her part may lead to patient anxiety, or production pressure. In many cases, regional
dissatisfaction or complications.33 An anesthesia provider anesthesia is performed as an adjunct to general anesthe-
may fail to obtain a thorough preanesthesia history, con- sia or is nonessential,11 mandating that communication
tributing to the selection of an inappropriate plan of care. regarding risks and benefits is particularly prudent.
In some cases, a patient either withholds information or Methods to reduce the occurrence of communication
does not understand the need to disclose all his or her failures between care providers during handoff is the
medical history. focus of a 2017 Sentinel Event Alert issued by the Joint
A patient’s understanding of questions may be limited Commission.36 The use of checklists and standardized
by the technical jargon used by healthcare providers tools, training in teamwork and nontechnical skills, and
when obtaining a history, resulting in an incomplete verbal readback or closed loop communication are all
clinical picture for the anesthetist. Babitu and Cyna34 suggestions to improve communication in healthcare.37
found that nearly half of patients misunderstood 1 or Increasingly, it has become accepted that formal instruc-
more terms during a preanesthesia assessment, and tion in interprofessional communication skills must be
that technical terms were used by all the anesthetists included in healthcare education to improve patient
observed. Patients presenting for anesthesia care are safety and satisfaction.38-40
typically stressed or anxious, hungry and/or thirsty, and • Production Pressure. As previously noted, produc-
tired, or may be in pain or otherwise distracted during the tion pressure is the pressure to put efficiency, output, or
preanesthesia assessment. A thorough history is the basis continued production ahead of patient safety.10 Recent
of any anesthetic plan. As anesthesia providers, we must articles identify production pressure as a known factor
related to anesthesia delivery.41,42 A few examples of pro- the safety of patient care. Table 4 offers recommendations
duction pressure include avoidance of case cancellations to improve the safety of patient care during neuraxial an-
and delayed starts of cases, proceeding with cases despite esthesia. Some general recommendations to help prevent
inadequate preoperative evaluation and/or despite patient adverse events and reduce risk in patients undergoing all
comorbidities, rapid turnovers between cases, removal of types of regional anesthesia are presented in Table 5.
anesthesia monitors during emergence, lack of available
resuscitative equipment during regional anesthesia ad- Conclusion
ministration, failure to monitor neuromuscular blockade The gaining popularity of regional anesthesia techniques,
during administration of neuromuscular blocking agents, either as the primary anesthetic or to manage surgical
and poor hand hygiene.10,41,42 When we are rushed, we pain, reinforces the importance of critical analysis of
are more likely to cut corners or take shortcuts to save adverse events related to these techniques. The decision
time or money.41 Most of these examples also represent a to use a regional anesthesia technique should receive
failure to follow AANA Standards of Practice. the same degree of consideration as administration of a
Production pressure can influence clinical decision general anesthetic, and adherence to standards of prac-
making, such as failing to follow AANA Standards, tice should be maintained. Risks exist with all anesthetic
which may result in anesthesia mishaps.10,41,42 Failure techniques. Thoughtful preparation, diligence, and ap-
to follow AANA Standards was found in more than half propriate vigilance will help to ensure a safe experience
of the claims related to regional anesthesia. The most for patients undergoing regional anesthetic techniques.
common violation in this study was failure to monitor
(AANA Standard 9). In the entire AANAF closed claims REFERENCES
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