Malpractice System


Journal Article

  1. Fitzgibbon DR, Stephens LS, Posner KL, Michna E, Rathmell JP, Pollak KA, Domino KB. Injury and liability associated with implantable devices for chronic pain. Anesthesiology 124:1384-93, 2016  |  NLM PubMed Link  |  Subjects: Pain Management, Equipment Problems as Damaging Events, Medication Errors as Damaging Events, Malpractice System, Nerve Injury
  2. Pollack KA, Stephens LS, Posner KL, Rathmell JP, Fitzgibbon DR, Dutton RP, Michna E, Domino KB. Trends in Pain Management Liability. Anesthesiology. 2015;123:1133-41.  |  NLM PubMed Link  |  Subjects: Pain Management, Malpractice System
  3. Cheney FW, Posner KL, Lee LA, Caplan RA, Domino KB. Trends in Anesthesia-related Death and Brain Damage: A Closed Claims Analysis. Anesthesiology 105(6):1081-1086, 2006.  |  NLM PubMed Link  |  Subjects: Respiratory System Damaging Events, Malpractice System, Physiologic Monitoring
    The significant decrease in the proportion of claims for death or permanent brain damage from 1975 through 2000 seems to be unrelated to a marked increase in the proportion of claims where pulse oximetry and end-tidal carbon dioxide monitoring were used. After the introduction and use of these monitors, there was a significant reduction in the proportion of respiratory and an increase in the proportion of cardiovascular damaging events responsible for death or permanent brain damage.
  4. Posner KL, Caplan RA, Cheney FW: Variation in expert opinion in medical malpractice review. Anesthesiology 85:1049-54, 1996.  |  NLM PubMed Link  |  Subjects: Malpractice System, Peer Review
    Medical experts in malpractice claim review rely on implicit (personal,unstated) rather than explicit (stated prior to review) criteria in assessing whether the standard of care was met. The data collection process of the ASA Closed Claims Program was used to investigate the role of this implicit assessment process in expert opinion. Reviewing original documents, anesthesiologists agreed on 62% of claims and disagreed on 38%, suggesting that divergent opinions may be easily found in seeking opinions from multiple experts.


  1. Lee LA, Fligner CL, Stephens L, Cheney FW, Domino KB: Role of Autopsy in the ASA Closed Claims Program. Anesthesiology 109: A372, 2008.  |  Subjects: Malpractice System  |  PDF icon Click here for .pdf
  2. Posner KL, Cheney FW, Domino KB: Anesthesia vs. Neurosurgery Malpractice Liability. Anesthesiology 105: A144, 2006.  |  Subjects: Malpractice System  |  PDF icon Click here for .pdf
  3. Posner KL, Domino KB, Polissar NJ, Conrad DA, Cheney FW: Trends in Anesthesia Malpractice Lawsuit Payments. Anesthesiology, 101: A-1405, 2004.  |  Subjects: Malpractice System  |  PDF icon Click here for .pdf

Closed Claims Bibliography

To access a complete bibliography of peer-reviewed journal articles from the Closed Claims Program, click here; Closed Claims Program Bibliography . You may also request delivery of the bibliography via e-mail, fax or postal mail.

Note to Patients

These studies are primarily designed to aid physicians in improving their clinical practice. We are sorry we cannot address individual patient questions or give medical or legal advice or provide data analysis.