Association between Anesthesiologist Age and Litigation

Abstract

Background:The threat of being sued is a concern for many anesthesiologists. This paper asks whether litigation brought against anesthesiologists is associated with the age of the anesthesiologist. Methods: Institutional research ethics approval was granted. We obtained billing data for all procedures performed by specialist anesthesiologists stratified into three age groups (less than 51, 51-64, and 65 and older) from British Columbia, Quebec, and Ontario for the 10-yr period from Jan.

The aging anesthesiologist: a narrative review and suggested strategies

“…Tessler3 reported the frequency of successful litigation and disability-weighted claims for anesthesiologists in British Columbia, Ontario, and Quebec from 1993-2002; data were derived from the Canadian Medical Protective Association (adjusted for case volume). Older anesthesiologists tended to care for fewer patients and were involved in less complex procedures.…”

“…Nevertheless, our clinical abilities are known to decline with age, especially when combined with exposure to lower case volumes 2. As a result, aging anesthesiologists are, to some degree, more likely than their younger colleagues to be associated with adverse events that give rise to both patient harm and an increased risk of litigation 3. All the same, because of the regional challenges of anesthesiology manpower, it may be desirable to help these individuals remain in appropriate practice as long as they continue to demonstrate clinical competence and do not compromise patient safety.…”

“…Tessler et al reported that anesthesiologists in Ontario, Quebec, and British Columbia who were over the age of 65 yr had a 50% higher frequency of litigation and an almost twofold greater incidence of reported patient injury compared with anesthesiologists younger than 51 yr of age 3. Despite various study limitations, these results remain disturbing.…”

The aging anesthesiologist

“…In a report on complaints lodged against anesthesiologists in England, a disproportionate number were filed against those who had been in practice for more than 20 years [24]. And a study that was conducted in Canada demonstrated a 1.5 times greater risk (after adjusting for exposure) for being found responsible for litigation among anesthesiologists older than 65 years as compared with anesthesiologists younger than 51 [25]. In addition, the severity of injury was two-fold greater among the older anesthesiologists.…”

Do all anesthesiologists have a “sell by” date?

“…Careful analysis of litigation rates in Canada over a 10-year period reveals a significantly higher legal claims rate for perioperative injury associated with anesthesiologists aged 65 years or older as compared to their younger colleagues [4]. The severity of patient injury was also greater for older, as compared to younger, anesthesiologists.…”