Page 43 - Part 1 Anesthesiology Common Risk Issues

SVMIC Anesthesiology: Common Risk Issues

“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.
employment relationship or hospital privileges condition) to

supervise regardless of whether or not there is a statutory

requirement, the supervising physician will most likely be sued.
Hospital privileges contracts frequently contain provisions
requiring the surgeon to assume the role of CRNA supervisor

when an anesthesiologist is unavailable, and often, the surgeon
is unaware that such a contractual obligation exists. It is

important that the physician (anesthesiologist or surgeon)
and the CRNA be familiar with the laws and regulations in

the state in which they practice, as well as their contractual

17 6 AmJur POF 3d Sect. 27

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