Ms. O had a history of chronic abdominal pain and was seen by a gastroenterologist.
He recommended an ERCP, which was performed with the assistance of a CRNA and a supervising anesthesiologist.
The legal documentation notes that during the procedure she was given both propofol and ketamine. These medications resulted in respiratory depression and the patient suffered a respiratory arrest with prolonged hypoxia.
The patient suffered a severe anoxic brain injury.
She died one month after the procedure.
The Expert Witness Newsletter continues to grow…
We just passed 6,000 subscribers!
Join the biggest malpractice newsletter today.
The patient’s family filed a lawsuit against the CRNA, anesthesiologist, and gastroenterologist.
The anesthesiologist’s opinion is shown here:
A gastroenterologist wrote the following opinion:
The lawsuit is currently ongoing.
The plaintiffs offered to compromise with the anesthesiologist and his physician group for $1,000,000 each.
The offer to the GI physician and his group is $2,000,000.
MedMalReviewer Opinion
The CRNA was being supervised by an anesthesiologist when the hypoxic arrest happened. The exact level of supervision is not described in the court documentation. A supervising physician will almost always be named as a defendant in a case involving an NP, PA, CRNAs, or other staff members.
The GI expert’s claim is distinct. The anesthesiologist and CRNA experts simply address the sedation itself. The GI expert addresses the idea that the ERCP should not have even been performed in the first place. These are two separate issues that the jury will have to consider independently.
The settlement offers total $4,000,000, which is fairly standard. The attorneys are experienced and know the typical professional liability limits. They do not seem to be interested in forcing an out-of-pocket payment from the doctors. The physicians are now pawns in a legal chess game between the plaintiff and the insurance companies.
Hypoxic Arrest during ERCP [CRNA]
If the ERCP was not indicated, then the GI should be tried in criminal court for manslaughter. Their medical license should be revoked.