MedMal Confidential # 04 - Your Penicillin Allergy is Nonsense

Here's why, false beliefs = real complications

Insider Information to Help You Tilt the Scales āš–

First, a big thank you to our sponsors who keep this newsletter free.

This issue of MedMal Confidential is sponsored by Ethical Patient Advocacy, LLC

They help plaintiff and defense attorneys like you establish standard of care compliance and/or breaches in anesthesiology medical malpractice proceedings.

Contact them for support with your litigation needs.

If youā€™d like to sponsor MedMal Confidential and reach 6K+ medical malpractice attorneys and LNCs, reply to this email, and weā€™ll chat.

Hey šŸ‘‹- David here!

Happy Monday, May 15th to you and the other 6K+ Insiders reading this.

Hereā€™s what weā€™ll be uncovering in this edition of MedMal Confidential ā€¦

Todayā€™s ā€˜Insider Informationā€™ At-A-Glance

Read Time: 2.8 minutes

 šŸ§ Musings: The dangerous lie of penicillin allergy

āš–Litigation: My paralyzed cousin, Winnie

 šŸ“°News: An awake colonoscopy nightmare

Read on for your insider info ā€¦

šŸ§ Musings: The dangerous lie of penicillin allergy

10% of the U.S. Population reports being allergic to Penicillin.

But the data doesnā€™t back this up.

The overreported prevalence of penicillin allergy is secondary to imprecise use of the term ā€œallergyā€ by families and clinicians and lack of clarity between immunoglobulin E (IgE)-mediated hypersensitivity reactions, drug intolerances, and other idiosyncratic reactions.

Source: Centers for Disease Control and Prevention

Many patients believe that being allergic to penicillin means access to a better choice of antibioticsā€¦

But this is far from the truth.

Being labeled penicillin allergic has multiple downsides:

  1. Use of more expensive and less effective antibiotics

  2. Longer length of hospital stay

  3. Increased risk of infection

  4. Higher rate of surgical-site infections

One study by Goldberg, A in 2008, found that only 1.5% to 6.1% of patients who self-reported an allergy to Penicillin were actually allergic.

So what is used during surgery?

2 grams of cefazolin (Ancef) is the most common antibiotic administered intraoperatively.

And for good reason. It has low cross-reactivity with penicillin (1-8%) and significantly reduces the risk of surgical site infection.

Why does this matter?

Because surgical site infections are an expensive peri-operative complication.

And, they play a large role in medical malpractice litigation.

The Insider Info

  • Most reported Penicillin allergies are false.

  • In the absence of high-risk symptom histories, penicillin or beta-lactam cephalosporins should be administered.

  • Surgical site infections play a large role in medical malpractice litigation.

  • When focusing on antibiotic coverage, consider the following:

    1. The choice of antibiotic

    2. The dose of antibiotic

    3. The timing of antibiotic

    4. The route of administration

The surgical team relies on the anesthesia team to deliver the correct antibiotic, at the right dose, via the correct route, at the right time.

This isnā€™t always done properly.

And unfortunately, the blame for these errors is typically pinned on the surgeon.

āš–Litigation: My paralyzed cousin, Winnie

As an anesthesiologist with obstetrical subspecialty training, I hear this sort of thing a lot:

ā€œMy cousin Winnie got an epidural, and now sheā€™s paralyzed.ā€

But, is she really?

Letā€™s start with some epidural facts:

  1. There were 3,644,292 births in the United States in 2022

  2. 33% were via Cesarean delivery (~1.2 million)

  3. 67% were via vaginal delivery (~2.4 million)

  4. Neuraxial anesthesia was used in 63% of vaginal deliveries (~1.5 million)

There are NOT 1.5 million paralyzed mothers in the US as of 2022.

There arenā€™t even a dozen.

The incidence of paralysis after an epidural is so infrequent it only comes up in case reports at niche conferences.

Typically, in anecdotal claims like those of cousin Winnie, thereā€™s an alternative explanationā€¦

Neurologic injury during childbirth has long been recognized. Fortunately, if proper procedures and techniques are employed, permanent and serious complications as a result of neuraxial anesthesia are rare.

Source: Cynthia A. Wong, MD - Nerve injuries after neuraxial anesthesia and their medicolegal implications

The majority of nerve injuries related to childbirth can be attributed to the labor and delivery itself

These are known as ā€œintrinsic obstetric palsies,ā€ and they occur in 0.006-0.0092% of births (very low).

Not only are cases like dear cousin Winnieā€™s extremely rare, theyā€™re also rarely permanent

For the vast majority of patients, symptoms of intrinsic obstetric palsies improve or resolve completely within 6-8 weeks.

Intrinsic Obstetric Palsies

The Insider Info

  • Most peri-birth nerve palsies are due to the baby descending through the pelvic floor and maternal leg positioning - not the epidural.

  • Anesthesia frequently gets the blame for peri-birth nerve palsies, but a good history and physical exam can rule out anesthesia pathology.

  • Anesthesia complications such as infection and epidural hematomas are incredibly rare.

    • Prompt recognition, diagnosis, and treatment can prevent permanent injury or death

The main culprit in maternal nerve palsies is more likely to be the nurse, partner, or family member who pulls back on the patientā€™s leg excessively during vaginal birth.

šŸ“°News: An awake colonoscopy nightmare

Itā€™s February 2023

The headline reads ā€¦

ā€œSan Antonio man says hospital forgot to sedate him during procedure, and he has a drug screening to prove it.ā€

The stated facts:

  1. A patient was scheduled for an outpatient colonoscopy.

  2. During the procedure, the patient claims to have never felt ā€œloopyā€ or ā€œhad any time loss.ā€

  3. Patient was ā€œalert for the entire procedure and suffered a great deal of abdominal discomfort.ā€

  4. Medical documents state that the patient received fentanyl and midazolam, intended for conscious sedation (see last issue for reference).

  5. Patient took a home drug test and went to an official laboratory for testing within six hours

    • Both tests came back negative for fentanyl (opioid) and midazolam (benzodiazepine)

  6. An attorney hired by the patient sent a demand letter stating he had received negligent treatment and endured ā€œintense, overwhelming, and unnecessaryā€ pain and suffering

The drug test came back negative for the documented medications

Was this a mistake?

Was this neglect?

Was this something more nefarious?

The Insider Info

  • It is not uncommon for proceduralists or surgeons to make patients promises that anesthesia canā€™t keepā€¦

    ā€œYou wonā€™t feel anythingā€

    ā€œThis wonā€™t hurt a bitā€

    ā€œYouā€™ll be all the way outā€

  • Fentanyl + midazolam is the cocktail typically used for conscious sedation.

    The expectation is that the patient will exhibit a purposeful response to verbal or tactile stimuli (i.e. is not fully asleep).

  • For the sake of efficiency, surgical, and even patient preference, anesthetics intended for moderate sedation are commonly titrated up.

    • This could be up to the deep sedation and even general anesthesia range.

  • The is a major difference between having a purposeful response under moderate sedation and being wide awake.

  • In this particular case, the problem should have been addressed intra-procedure.

    • If the patient was wide awake, additional medication should have been titrated until desired sedation was reached.

A negative drug test on a patient who recently was documented to have received opioids and benzodiazepines should trigger concerns for diversion of controlled substances

Next time in MedMal Confidential ā€¦

  • Could this be the answer to anesthesia awareness?

  • The bill barring misleading medical titles

  • Envision Healthcare braces for bankruptcy

MedMal Confidential #04 Takeaways

Thatā€™s all for this issue.

Until next time, letā€™s continue to save healthcare ā€¦ one legal matter at a time.

David

P.S. Are you an attorney who needs help making sense of an anesthesiology medical malpractice matter? Click here to book your free consultation. 

David Gutman, MD, MBA
Anesthesiology Medical Expert Witness

Reply

or to participate.