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ASA NEWSLETTER
 
 
June 1996
Volume 60
Number 6
 

Anesthesia and Surgery:
Not Always a One-Sided Affair

Stephen R. Strelec, M.D.

Committee on Professional Liability



Wrong-sided surgery has found wide exposure in the lay press in the past year due primarily to a few sensational examples, including a craniotomy in New York1 and a foot amputation in Florida.2,3 The result can be serious permanent disability or death, which was the case in Texas when a 59-year-old patient had his healthy right lung removed rather than the cancerous left lung.4 The $9 million settlement of the wrongful-death lawsuit following this error of laterality speaks to the financial toll extracted.

Professional careers have been seriously disrupted as well. In the instance of the wrong-sided craniotomy reported recently at a large New York City hospital, the chair of the Department of Neurosurgery was dismissed for his part in the affair.5

Hospitals themselves are also susceptible to severe sanctions. The hospital in Tampa, Florida, where the wrong foot was mistakenly amputated, was told to halt all elective surgery until better procedures were established to prevent such an occurrence.6 In addition, that same institution was stripped of its accreditation from the Joint Commission on Accreditation of Healthcare Organizations, and consequently, Medicare funding was threatened.7

While generally not as serious, errors of laterality can occur in the administration of anesthesia as well. An informal survey via the Global Anesthesiology Server Network (GASNet) forum and a mailing to ASA state component societies revealed anecdotes of wrong-sided axillary blocks, unilateral spinal blocks and the like. Recent correspondence by a nurse anesthetist on GASNet asked if there were "any new and foolproof ideas" out there to prevent such an occurrence.

Adherence to strict policies and procedures for patient identification and surgical consent are essential elements of any preventative solution, but no simple, fail-safe measures have come to light. The issue of right versus left becomes much more complicated, for example, when internal paired organs are involved.

Analysis of numerous instances of wrong-sided surgery reveals a myriad of ways in which errors of laterality can occur.

Legal Aspects

The issue of whether or not the anesthesiologist bears responsibility for a surgical error of laterality is controversial at best, as was addressed in the June 1991 ASA NEWSLETTER.8 William M. Gild, M.D., J.D., an anesthesiologist and attorney, opined that an expert witness who testified to the responsibility of the anesthesiologist to ensure correct-sided surgery was "articulating an expanded role for the anesthesiologist in the O.R. [operating room] ... and setting a new standard for our specialty."

Like it or not, some states may hold the anesthesiologist responsible for ensuring that the correct operation is done on the correct side through regulatory law emanating from each state's health department, which is the case in California and Hawaii. Moreover, several institutions have adopted policies and procedures that directly involve the anesthesiologist or anesthesia care team in ensuring correct-sided surgery.

A computer search via the LEXIS-NEXIS service yielded little additional information on the subject but did include a description of an interesting case in which a group of 14 anesthesiologists were sued by a plaintiff neurosurgeon for refusing to provide anesthesia services after a series of surgical misadventures, including several wrong-sided craniotomies.9 The defendant anesthesiologists prevailed up to and including an appeal to the Iowa State Supreme Court.

Interesting Accounts

Analysis of several surgical errors of laterality can yield insight into how procedures and policies fail and how we might better prevent such occurrences. Poor communication due to a language barrier played a significant role in the wrong-sided craniotomy that occurred in New York City. Failure to crosscheck computerized tomography films with the patient's identification band was a compounding factor.

A wrong-sided emergency craniotomy at another institution resulted from poor communication of a different nature. The attending neurosurgeon had requested that the patient be positioned "supine, head turned, left side." The anesthesiologist and the neurosurgical fellow hearing this request began the procedure with the patient's head turned to the patient's left side, and therefore, a right craniotomy was begun when in fact the staff surgeon thought he was indicating a left craniotomy approach.

Poor communication can also lead to consequences besides wrong-sided surgery. An aphasic stroke patient underwent a bilateral orchiectomy rather than the indicated circumcision because of the way he responded when addressed by the wrong patient's name, leading all to believe he was the intended orchiectomy patient. Notably, his identification band was removed prior to starting an intravenous line.

Failure to compare operating room schedules with surgical consents led to the wrong-sided foot amputation that occurred in Florida. Reliance on the patient's verbal information and failure to crosscheck the information with respect to side of surgery is often a contributing factor. One such case involved a bilateral renal transplant patient who had the one functioning kidney removed because he incorrectly stated the side of surgery.

Even when all communications and paperwork appear in order, mistakes can occur. An unfortunate patient had the wrong leg amputated because the attending surgeon positioned the patient prone for better exposure to the leg vessels and then developed right/left confusion due to the prone position of the patient.

One final anecdote of wrong-sided surgery, according to the New York State Society of Anesthesiologists, involved a surgeon in New York who operated on the wrong knee and subsequently stated, "My mind was clouded by nitrous oxide in the room."

Preventative Measures

No uniformity exists as to how to best document the correct side of surgery and prevent the confusion of this issue. Several institutions insist on the presence of the attending surgeon for induction and positioning, in recognition of the surgeon's key role in determining surgical site and side. This policy is flawed by the problems of significant surgical delays and selective enforcement of policy.

Some institutions advocate marking the patient preoperatively with an indelible marking pencil, using an arrow or other descriptor to indicate the correct side of surgery. The practice of writing "NO" on the nonoperative side may be flawed by a few factors; i.e., smudging of the word "NO" may make it look like a mark indicating the designated surgical site, and the word "NO" viewed upside-down appears to be the word "ON." This second scenario resulted in at least one instance of a wrong-sided hypobaric spinal block being performed.

Critics of the marking of patients before surgery include surgeons and hospital administrators alike, the complaint being that they don't like the message (presumed incompetence?) it sends to their patients. One institution obviates this concern by flagging the patient's chart with a bright red face sheet labeled with an "R" for a right-sided procedure or a green face sheet labeled with an "L" for a left-sided procedure.

Many institutions have adopted policies and procedures necessitating several layers of crosschecking of surgical consents, patient X-rays and chart records and direct patient questioning about surgical procedure and side. These procedures often require verbal agreement and signature documentation by the circulating nurse, surgeon and anesthesiologist. Allegheny General Hospital in Pittsburgh, Pennsylvania, requires crosschecking of consents, X-rays and the patient's chart for correct laterality of surgery. Then, before the scalpel is handed to the operating surgeon, a final verbal agreement between all members of the surgical team, including the anesthesiologist, is necessary to corroborate that the correct procedure is being done.

Conclusion

No perfect solution exists to prevent errors of laterality. Each institution's policy for dealing with this difficult issue will have its own inherent bias. Some anesthesiologists will take exception to the prospect of being held liable for ensuring that the surgeon operates on the correct side. Many anesthesiologists already take on this responsibility but are not aware of it. Heightened awareness on the part of all operating room personnel as to the possibility of such an error and rigid adherence to established procedures for patient identification will minimize the likelihood of such an occurrence.

Redundancy of crosschecking is desirable, and patients' concerns about repeated questioning with respect to surgical procedure and side should be deflected by the reassurance that "we are all just making absolutely certain that no mistake will occur." Care should be taken, however, to avoid confusion due to patient sedation, age, organic disease or language barriers.

As in all other aspects of the practice of anesthesiology, vigilance is paramount to preventing such an error.

References:

1. Altman LK. State issues seething report on error at Sloan-Kettering. The New York Times. November 16, 1995:l.

2. Miller S. Two feet of mistakes. Newsweek. March 27, 1995:60.

3. Gauzer B. When doctors are the problem. Parade Magazine. April 14, 1996:1-6.

4. National briefs: Wrongful death suit. Pittsburgh Post Gazette. April 2, 1995.

5. Bloom M. Scrambled surgery. Physicians Weekly. December 25, 1995; 12(8):1.

6. Martinez J. Tampa hospital loses accreditation. Pittsburgh Post Gazette. April 12, 1995.

7. Ryan M. Series of human errors threatens Medicare funding. Biomedical Safety and Standards. May 1, 1995; 25(8).

8. Gild WM. Expert witness sets new standards for anesthesia practice. ASA NEWSLETTER. June 1991; 55(6):13.

9. Locksley v. Anesthesiologists of Cedar Rapids, #51/66316 (Iowa, 1983).

Stephen R. Strelec, M.D., is Senior Attending Staff Anesthesiologist, Department of Anesthesiology, Allegheny General Hospital, and Assistant Professor of Anesthesiology, Medical College of Pennsylvania and Hahnemann University-Allegheny Campus, Pittsburgh, Pennsylvania.

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