Medico-legal liabilities of anesthesia practice in Saudi Arabia

Abstract

Objective: The aim of this paper is to reveal the anesthesia malpractice claims that were referred to the National Medico-Legal Committee (MLC) in Riyadh KSA, in order to evaluate the magnitude and underlying factors of its medico-legal litigations.

Methods: The official records-including incidence, location, and final resolution of each claim-of all anesthesia-related medico-legal malpractice claims over the period attending from 1420-1424H (1999-2003 AD), were critically analysed.

Results: A total 1765 cases were referred to the various MLC over the five-year period. An increasing trend of the total number of yearly claims was observed with a sharp increase between 1422-1424H (2001-2003 AD). The private sectors and Ministry of Health services both contributed 90% of the total number of claims. Of the total number of claims, referred anesthesia-related malpractice claims consisted of 76 cases (3.8%) of which legal action against anesthesiologists was taken in 7 cases (9.1%).

Conclusion: Of the anesthesia litigation claims, 9.1% resulted in positive legal action. More than one anesthesiologist may be involved for a given claim, and anesthesiologist may share partial responsibility with the surgeon in claims primarily targeting surgery or an incident of resuscitation. It is concluded that adherence to the standards of medical practice, is by far, the best policy to avoid or reduce the incidence of litigation.