I'm sorry to say it but that's just not true. Most people who die in ORs are sick. They're sick before they see us and they're sick when they us. Most sick people and their families know the score, there's a significant non zero chance they may not make it or may end up in the ICU for a prolonged period of time. If they don't know the score, it's our job to educate them before taking them back. That 70 y/o septic pt w/ischemic bowel, the 65 y/o AMI for stat cabg, GSW to the chest, ruptured AAA, 95 y/o train wreck for new hip. These guys are high risk for medical badness but low risk for a law suit. Will they die? Some will no matter what. Will they sue? Maybe but unlikely and even if they do, they won't win a huge settlement. There's no "pain and suffering" c/b your anesthetic. There's no lost future income to compensate for b/c you used epi instead of dopamine. The bottom line is that you were dealt a $hit hand and did the best you could.
The real high risk cases from a legal perspective are the healthy ASA 1 and 2 pts, along w/OB and regional. The good news for us is that complications in this subgroup are rare and if they do happen aren't usually permanent or debilitating. If you take a look at our malpractice rates compared to those of other docs, we're toward the lower end, especially when compared to surgeons. These rates are figured out by smarter people than I am and take into account how often we are sued and how large the average awards are. So overall I think we need have a health respect for the pt and disease but we need to keep perspective on this and realize that just because bad things happen, doesn't mean we're gonna get sued