Examination of malpractice cases involving anesthesiology and reanimation physicians adjudicated in the court of cassation between 2009-2022

Abstract: This study explores the legal and criminal liability of anesthesiologists due to medical errors, drawing insights from malpractice cases adjudicated by the Court of Cassation between 2009 and 2022. Examining cases involving Anesthesiology and Reanimation physicians, we analyzed reasons for litigation and assessed liability implications. Method: A retrospective analysis of Court of Cassation cases (2009-2022) involving Anesthesiology and Reanimation physicians was conducted using the Court of Cassation Decision Search website and relevant keywords. Results: Perioperative monitoring inadequacy was the primary reason for litigation (20.2%), often resulting in fatal outcomes (48.8%). Most compensation cases concluded without sanctions before appeal (72.1%), yet the majority of appealed decisions were overturned (93.1%). While negligent convictions occurred, intentional crimes were absent. Criminal cases largely concluded without sanctions before appeal (63.4%), with most involuntary manslaughter convictions overturned (63.7%). The average time from adverse event to final Cassation decision was 76.38 ± 28.66 months. Anesthesiology malpractice claims were prevalent in obstetrics and gynecology (27.3%). Conclusion: Timely adverse event detection highlights the need for intensified preventive measures. Enhancing Anesthesiology and Reanimation specialist numbers and quality, offering basic legal education, emphasizing patient monitoring, and fostering preoperative process understanding can mitigate judicial sanctions. Implementing an adverse event feedback system can discourage defensive medical practices. Keywords: Anesthesia, medical error, Court of Cassation, medical intervention