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Published on: 10/1/1986
Last Visited: 11/22/2006
A Surgeon's liability for the anesthesia administrator: The law according to Dr. ModellAANA - Resources
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The law according to Dr. Modell
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An editorial, "Who is Captain of the Anesthesia Ship?", appeared above the name of Jerome H. Modell, MD in the July 1986 issue of Archives of Surgery.The editorial purported to describe legal aspects of a surgeon working with an anesthesiologist and a surgeon working with a CRNA.The conclusions stated by Dr. Modell in the editorial run counter to the cases discussing these legal issues.
The courts do not look at the status of the anesthesia administrator but at the degree of control the surgeon exercises over the administratorFirst, Dr. Modell asserts that the status of the anesthesia administrator determines whether the surgeon will be held liable for the negligent administration of the anesthetic.
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Again, the case law simply does not support Dr. Modell's assertion.
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Moreover, Dr. Modell adopts a common fallacy frequently found in discussions about relationships among healthcare professional groups.
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Another incorrect presumption underlying Dr. Modell's conclusions on a surgeon's liability is that the difference in the level of education between an anesthesiologist and a CRNA affects the quality of care in the anesthesia outcome.