Page 43 - 2022 Risk Basics - Anesthesiology

SVMIC Risk Basics: Anesthesiology

Jurisprudence Proof of Facts, a legal compendium that is used

by lawyers and judges to research legal issues and find
caselaw, states in a recent edition in an article relating to

anesthesia and CRNA liability:

“Traditionally, physicians and hospitals have been held

vicariously liable for the nurse’s negligence under the
theories of agency or respondeat superior. However, since

studies have shown the absence of a significant difference

in the quality of care delivered by nurse anesthetists and
anesthesiologists, many states have now expanded by

statute the scope of the CRNA’s responsibilities. Today,
courts recognize that the CRNA and anesthesiologist do not

perform mutually exclusive functions.

In fact, it is often realized that the difference between
practicing medicine and nursing cannot always be

articulated with certainty. Like the anesthesiologist, the

nurse [anesthetist] may be in a position to make life-or-
death decisions for the patient.”
17

As previously indicated, some states require physician

supervision of CRNAs while others do not. Certainly, in states
where supervision is required, the anesthesiologist who is

supervising can expect to be named along with the CRNA in a
malpractice lawsuit. Also, if there is a contractual duty (e.g.

17 6 AmJur POF 3d Sect. 27

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