Medicolegal aspects of AAGA CHAPTER 22 Jaideep

headline 22.1 Of the 141 Certain/probable and Possible cases, only 12 (11%) submitted a formal complaint to the hospital and a further 8 (6%) were reported to be involved in some legal action. Of the 17 Drug Error cases (where clearly error led to the AAGA and care was judged poor), just one patient submitted a formal complaint (6%) and one separate (6%) patient commenced legal proceedings. Of the 70 historical, ‘Statement Only’ cases, there were no complaints submitted or legal action reported. However, only 22% of reports were adjudged to have received ‘wholly good’ care both during and after the anaesthetic. In those cases where intra-operative care was considered to be either ‘poor’ or ‘both good and poor’, the Panel judged that the majority (78%) incidents of AAGA were ‘preventable’, indicating considerable potential for litigation with regard both to failure of duty of care and causation. Aftercare was considered as either ‘poor’ or ‘both good and poor’ in 22% of cases. This chapter makes recommendations to manage complaints or litigation after AAGA.