Death during or following surgical procedure and the allegation of medical negligence: An overview

Abstract 

A great variety of mishaps can occur during or following the administration of anesthesia and operative or investigational procedures that do not necessarily convey an error of judgment or negligence on the part of the surgeon or the anesthetist. However, all deaths occurring during the course of anesthesia and surgery or within a reasonable period thereafter (commonly referred to as peri-operative period) have to be reported to the police as these deaths cannot be regarded as natural. Despite the death occurring due to some preexisting disease or some co-existent condition, there may be a tendency on the part of the relatives of the deceased to impute negligence on the part of the anesthetist and/or the surgeon merely because of the fact that the death was closely associated with the anesthesia and surgical intervention. As such, any death suspected to be caused, or contributed to, by any of these procedures needs to be adequately investigated both from the point of view of the relatives of the deceased as well as instituting future safety measures. This paper examines the medical, ethical and legal aspects of such deaths with reference to the allegations of medical negligence in these cases.

Keywords: Anesthesia, Respiratory embarrassment, Cardiac embarrassment, Complications, Negligence, Ethical considerations, Medicolegal considerations, Autopsy limitations, Expert in Courts