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Journal of Visceral Surgery (2019) 156, S15—S20

Available online at

ScienceDirect
www.sciencedirect.com

REVIEW

Presence of anesthesiologists and nurses in


the operating room: Liability of surgeons
and health care facilities
M. Fischler a,∗, J.L. Cardin b, T. Faucon c, R. Adam d

a
Anesthesiology department, hôpital Foch, 40, rue Worth, 92150 Suresnes, France
b
Gastro-intestinal surgery unit, polyclinique du Maine, 4, avenue Français-Libres, 53010
Laval cedex, France
c
Hôpital Privé Océane, 11, rue du Docteur Joseph Audic, 56001 Vannes cedex, France
d
Hôpital Privé Sévigné, 3, rue du Chêne-Germain, 35510 Cesson-Sévigné, France

Available online 10 June 2019

KEYWORDS Summary The presence of an anesthesiologist and certified registered nurse anesthesiologist
Anesthesiology; in the operating room remains a topic of discussion in many facilities. This article provides an
Surgery; overview on the legislation and recommendations on this topic and recounts some of the related
Organization; jurisprudence. The opinions of various actors, surgeons, anesthesiologists, anesthesiology-
Rules; intensive care physicians, certified registered nurse anesthesiologists, care-facility directors
Recommendations and insurance companies are included. Based on these elements, we attempt to answer the
question of presence of competence in anesthesiology in the operating room.
© 2019 Elsevier Masson SAS. All rights reserved.

Introduction private, as well as the insurance providers also have input


about the organization of anesthesiology.
Surgeons can find themselves in an embarrassing situation The practice of anesthesiology is particular in France in
when they operate with only a certified registered nurse that there are two distinct professional corps: anesthesi-
anesthesiologist (CRNA) present in the operating room, or ologist/intensive care physicians (hereafter referred to as
worse, when no anesthesiology professional is present, and anesthesiologists) and CRNA. Indeed, CRNA have laid claim
the surveillance of the patient is left to the responsibility to autonomy for many years. This request relies heavily on
of a registered nurse. Effectively, the distribution of tasks the recently created University Master standing of CRNA
and responsibilities between anesthesiologists, CRNA, and training and certification (decree No 2014-1511 of December
surgeons in the operating room is an ever-recurring source 15 2014) and was meant to solve the demographic prob-
of difficulties or even adverse events. Yet very precise rules lem that encumbered anesthesiologists in France [1]. While
and regulations exist that will conclusively be referred to in some turn a blind eye, others support this capacity in the
case of litigation. The healthcare facility, whether public or name of validation of competencies. One of the conse-
quences of this debate is that actual practice varies widely,
a disparity that raises at least two essential questions:
‘‘Who should be present in the operating room?’’ and ‘‘Who
∗ does what?’’.
Corresponding author.
E-mail address: m.fischler@hopital-foch.org (M. Fischler).

https://doi.org/10.1016/j.jviscsurg.2019.05.008
1878-7886/© 2019 Elsevier Masson SAS. All rights reserved.
S16 M. Fischler et al.

Legislation and recommendations anesthesia, which must be modulable depending on the


surgical procedure, the physiological status of the patient
The decree No 94-1050 of December 5, 1994 during the operation and eventually the instructions and
relative to technical conditions of health care goals set forth by the anesthesiologist.
This legislation confirms the autonomy of the CRNA in
facility functioning with regard to the
the practice of anesthesia but under the exclusive con-
exercise of anesthesiology and modifying the trol of the anesthesiologist. It also implies that the CRNA
code of public health care must acquire increasingly demanding competences during
the training period. No longer under the responsibility of
This decree imposes ‘‘organization that is capable of the anesthesiologist/intensive care physician, the CRNA now
handling any complication related to an operation or practices under his or her own control for any anesthetic
anesthesiology at all times’’ and ‘‘continuous clinical procedure that comes under his or her care.
surveillance’’ [2]. Moreover, the operative activity must be Thus the CRNA can intervene within the framework of
organized: ‘‘The planning of interventions is established an anesthesiology procedure established by an anesthesiol-
conjointly between the physicians performing the inter- ogist, and is responsible for:
ventions and physician anesthesiologists, and the person • the organization and control of the site of anesthesia;
in charge of the organization of the operating rooms, tak- • the analysis of patient status, the evaluation of the risks
ing into consideration the exigencies of hygiene and safety related to patient-related factors, surgery and the anes-
in the functioning of the operative sector as well as the thesia;
possibility of providing post-interventional surveillance’’. • the implementation of the anesthesia procedure decided
With regard to the pre-operative period, the French Soci- by the anesthesiologist as appropriate to the setting;
ety of Anesthesiology and Intensive care (Société française • the maintenance of the patient’s physiological status dur-
d’anesthésie-réanimation or SFAR) states: ‘‘The anesthesiol- ing the operation.
ogist, co-responsible for the safety of the patient, should not
accept, except in emergency settings, an operative program At all stages of an act of anesthesia, the CRNA should
that compromises patient safety in any way. Consequently, be capable of detecting any anomaly, complication or
the program is established conjointly by the surgeon and the deterioration of physiological equilibrium and inform the
anesthesiologist’’ [3]. anesthesiologist without delay.

Decree of competency No◦ 2017-316 of March The code of medical deontology


10, 2017 relative to nursing acts under the
Article 32 of the code of medical deontology (article R.4127-
competence of a CRNA
32 of the Code of Public Health) details: ‘‘From the moment
According to two references in this decree (concerning both that a physician accepts to personally care for a patient,
the activity and necessary competences), the CRNA teaching this physician is committed to provide conscientious and
program has been profoundly modified with regard to mas- devoted care based on sound science, and, if necessary, to
ters and doctorate degrees, and European licensing. Seven ask for assistance from a competent third party’’. A ‘‘care
domains of competency are defined, the first five of which contract’’ is established de facto that expresses the tacit
define the role, the missions and prerogatives of the CRNA agreement between the patient who confides care to the
in the peri-operative period [4]. physician and the physician who assumes this care. This
The decree of March 10, 2017 [5] recapitulates the out- applies to all physicians, whether they exercise in public
lines of the preceding decree [6] with, however, some or private practice [7].
important changes and precisions. The CRNA exercises his or The article 47 alinea 1 of the same Code (article R.4127-
her anesthesiology activity under the exclusive control of an 47 of the Code of Public Health) foresees that ‘‘Irrespective
anesthesiologist/intensive care physician as long as the that of the circumstances, continuity of care must be assured’’
physician: ‘‘had previously examined the patient and estab- [8].
lished in writing the anesthesiology strategy including the
objectives, the choice and the conditions of implementation The recommendations of the Medical
of the techniques of anesthesia, and the anesthesiologist is Profession Council (MPC)
present on the site where the anesthesia is being performed
and can intervene at any time.’’ This precision defines that The 2001 MPC recommendations state: ‘‘Anesthesiology is a
the anesthesiologist physician must be physically present medical act that can be provided only by a qualified anes-
and excludes any remoteness in clinic or in another room thesiologist physician. The CRNA assists the anesthesiologist
outside the operating room or the post-operation recovery in this task but cannot undertake any procedure of anesthe-
room. sia alone in the absence of a physician who is qualified in
The term anesthetic protocol has been replaced by anesthesiology and intensive-care. The CRNA is under the
anesthetic strategy, and must be established by the anes- exclusive responsibility of the anesthesiologist and/or the
thesiologist who provides details with regard to the type chief of the anesthesiology service. No other specialist can
of anesthesia, the techniques of implementation and the substitute for them and authorize or mandate a CRNA to
goals to obtain, including, for example, the physiological exercise alone. The anesthesiologist can entrust the CRNA,
limitations. Effectively, the term protocol in nursing ter- temporarily, under his or her own responsibility, to look
minology means a prescription with pre-defined medication after a patient under anesthesia, as long as the patient
dosages and chronological order of events without any pos- does not present any particular risk, and that the anesthe-
sibility of modification or interpretation on the part of the siologist is readily available nearby and at all moments’’
executor. This term did not conform to the good practice of [9].
Anesthesiologists and nurses in the OR S17

Recommendations with regard to surveillance Extended liability of the surgeon


of patients during anesthesia (SFAR 1994)
The Court of Cassation reversed the judgement of the Court
The SFAR recommendations mention ‘‘Any general or local of Appeals in one case where cardiac arrest occurred during
anesthesia or sedation that may result in modification of a face-lifting procedure when the anesthesiologist was not
vital functions must be performed and followed by or in in the operating room [12]. The court of Cassation indicated
the presence of a qualified anesthesiologist. The anesthe- that, even if perioperative surveillance is the duty of the
siologist can be assisted, if deemed necessary, by another anesthesiologist with respect to his or her specialty, the sur-
physician and/or nurse anesthesiologist, in particular at the geon can also be held responsible for overall prudence and
beginning or end of anesthesia.’’ [10] Additionally, ‘‘If the diligence of the procedure. It is up to the surgeon to imme-
anesthesiologist must leave the operating room, he or she diately stop an operation, should the absence of continued
must entrust the continuation of the anesthesia to another surveillance fail to guarantee patient safety and expose the
qualified anesthesiologist. If the patient is entrusted to an patient to risks. The surgeon cannot ignore these risks and,
anesthesiologist in training or a CRNA, the anesthesiologist in fact, such adverse events have actually happened [13].
remains responsible for the act underway and must be able
to intervene without delay. Neither physicians in anesthe- Extended liability of the health care facility
siology specialty training who are not yet certified nor a
CRNA are allowed to perform any anesthesia procedure in Intra-operative hypotension complicated by a cerebral vas-
the absence of qualified anesthesiologist. Their function is cular accident (CVA), occurred while the anesthesiologist
one of assistance or surveillance only’’. was absent, having left the CRNA in charge of the patient.
With regard to the role of the CRNA, the SFAR recom- The Court laid down the following elements against the
mends [11]: ‘‘Certified registered nurse anesthesiologists anesthesiologist and the health care facility: ‘‘It was not
(CRNA) are only authorized to perform procedures that possible to treat the hypotension that occurred at anes-
fall within their level of competence; their activity should thetic induction because of the absence of Doctor X from
be commensurate with their qualification. They cannot the operating room. The vascular risk factors that patient
substitute for or replace the anesthesiologist whom they Y presented required a specific surveillance. This was a fla-
assist’’ . . . ‘‘The composition and number of members of grant case of imprudence because of the non-defendable
the anesthesiology team, the distribution of roles, and the absence of the anesthesiologist from the operating room
autonomy of the CRNA during the procedure are determined who should have directly managed the patient because of
by the complexity of the projected procedure, the degree the risks related to the medical history. This constitutes
of severity of the disease and the anterior condition of the a fault against which the anesthesiologist could raise no
patient. This information must be evaluated by the anes- argument. The health care facility contended that the fault
thesiologist during pre-operative consultation and entered against the anesthesiologist could not be imputed to the
in the patient’s anesthesia record’’ . . . ‘‘The CRNA exer- institution. However, the court ruled that the facility did
cises in teamwork with the anesthesiologist. The nature not provide all the necessary means to prevent the patient’s
of the CRNA’s task ranges from execution of medical pre- CVA. The liability of the health care facility was further
scriptions to the performance of clearly-indicated precise undisputedly implicated when the expert testimony under-
tasks, entrusted according to individual competences. The scored the absence of any record of any injection made
intervention of one or another party is variable according by the CRNA when hypotension occurred, the absence of
to the anesthetic or surgical procedure. The CRNA can, in any therapy to measure hypercapnia, or the one-hour delay
the presence of the anesthesiologist, proceed to induction between the CVA and the evacuation of the patient from the
of general anesthesia in accordance with the order of a operating room’’ [14].
physician or established protocol. The anesthesiologist can
entrust the CRNA to supervise the patient during the anes-
thesia as long as the anesthesiologist remains close nearby Extended liability of the surgeon and health
and can intervene without delay. The anesthesiologist must care facility
be immediately and routinely informed of any anomaly.’’ . . .
‘‘In a private institution, irrespective of the employer, the A surgeon scheduled a cardiac surgery without enquiring
CRNA exercises his or her activity under the exclusive medi- whether any anesthesiologist was available. During the oper-
cal authority and responsibility of the anesthesiologist’’. ation, the anesthesiologist left the operating room to take
Of note, these SFAR recommendations have not been care of an emergency case; the surgeon, the perfusion spe-
revised in spite of the new Decree of Competence for CRNA cialist and the CRNA were present when the extra-corporeal
(Decree of Competence no 2017-316 of March 10, 2017). circulation was discontinued, but the CRNA did not resume
This Decree cancelled the obligation of the presence of an ventilation which led to major neurologic damage.
anesthesiologist during general anesthesia induction. The The High Court considered that the health care facil-
anesthesiologist decides in advance whether his or her pres- ity, the surgeon, the anesthesiologist and the perfusionist
ence should be part of the procedure or not. all bore partial responsibility for the onset of the damage.
The medico-legal claim against the health care facility is
particularly interesting. Aside from the consideration that
Jurisprudence the surgeon should have checked that the patient was ven-
tilated before stopping the extra-corporeal circulation, he
Cases that have gone to court are rare: two of them are was condemned for having programmed the operation with-
summarized later. They are examples of court cases that out making sure that an anesthesiologist would be available
incriminated the surgeon and/or the facility when the anes- throughout the entire duration of the operation. The health
thesiologist was implicated because of his or her absence care facility was condemned for not having guaranteed
from the operating room. that another physician would be available to take care of
S18 M. Fischler et al.

emergency cases, as well as for allowing the surgeon to interventions, their sequence, the ever-present risk of
operate under these conditions [15]. anomalies or complications requiring an opinion or inter-
vention of an anesthesiologist, an organizational set-up
consisting of a single anesthesiologist in one room and a
Viewpoints single CRNA in another is completely illusory. The argu-
ment that management can be assured by immediately
The viewpoint of the anesthesiologist switching positions is nothing but trying to defend the unde-
fendable, an imprudent organization and functioning that
Several organizational scenarios can be described. is harmful to the continuity of health care and patient
One anesthesiologist and one CRNA assure the anesthetic safety.
procedure: as indicated in the SFAR recommendations (1st One anesthesiologist and two CRNAs assuring two simul-
edition, January 1995) ‘‘The composition and number of taneous anesthesias in two operating rooms near each other:
members of the anesthesiology team, the distribution of this scenario assures the safety of patients in all cases.
roles and the autonomy of the CRNA during the procedure An operating room registered nurse assuring the surveil-
are determined by the complexity of the projected proce- lance of an anesthesia: this is often the case of patients
dure, the degree of severity of the disease and the anterior undergoing an operation under peripheral loco-regional
condition of the patient.’’ This implies that for high-risk anesthesia. This is absolutely unacceptable.
anesthesia procedures (risk related to the patient or the
surgical procedure), the team should be composed so that
the patient can be managed under optimal conditions. This The surgeon’s viewpoint
specifically concerns pediatric surgery, major heart surgery,
neurosurgery, thoracic, and vascular surgery, as well as oper- In line with the legislation cited above, the HAS has defined
ations with a high risk of bleeding. Except in emergencies, 15 key points for better teamwork [16]. Beyond these highly
a pre-anesthesia consultation, at least 48 hours before the debated 15 points, it is the overall consideration of patient
operation, should allow the anesthesiologist/intensive care care that should be upheld. Specifically, for the surgeon,
physician to foresee all the human and material elements there are several notions that must be recalled.
necessary for adequate accomplishment of the procedure. The health care facility can no longer abdicate its orga-
The physician could therefore be blamed for not having nizational responsibilities to the detriment of physicians.
foreseen and provided the ‘‘means’’ with regard to the When the rules of safety are notoriously not respected, the
‘‘needs’’. health care facility cannot pretend to ignore the distortion
One anesthesiologist and one CRNA assure anesthesia in of the rules of the art and plead that it is up to the physician
two adjacent operating rooms: this scenario occurs com- to judge whether he or she can exercise under good condi-
monly in practice since many anesthesiologists argue that tions. How else can one interpret the routine intervention
it is possible to intervene when an intra-operative compli- of the Judge in medico-legal missions when he or she asks
cation occurs by immediately switching positions. This for clarification as to any violations or negligences . . . in the
scenario is not in accordance with the several legislations functioning or organization of services?
and with insurance company opinions cited above, this is The behavior of all team members and, in particular,
simply a creation of the mind. Two situations are possi- of physicians, is not neutral in terms of reference for the
ble: anesthetic induction and onset of an intra-operative paramedical personnel who observe and base their atti-
complication. Anesthetic induction must be performed by tudes on the physicians, especially when they are requested
an anesthesiologist: this implies that if an anesthesiolo- to do so. The lack of professionalism of one or several
gist is conducting anesthesia surveillance in one room, the physicians can distort the exercise of the entire team. A
CRNA can be called in to continue the surveillance while well-known example is that of ‘‘delegation’’ of anesthetic
the anesthesiologist goes to the other room to perform the surveillance to a circulating nurse when the anesthesiologist
induction. The two persons can then either remain where is not present, irrespective of the presence or absence of a
they are or return to their original operating rooms, without CRNA. Not only is this shifting of responsibilities contrary to
ever depriving the patient of anesthetic surveillance. This the above-cited legislation, but it enhances the risk of neg-
sequence can be repeated up to four to eight times. When ligence and errors, for example, in the sponge count at the
a complication arises during anesthesia where the CRNA is end of the operation. Dysfunction of the sort has led to a
in charge, the immediate presence of the anesthesiologist is criminal litigation of one surgeon [13].
required and therefore, again, a change of positions. In addi- In elective surgery, the legislation imposes the following
tional to these caricatural situations, the anesthesiologist obligations:
must assure the transfer of patients to the recovery room, • the name of the surgical procedure must be clear, without
as well as assess or authorize the discharge of each and any semantic blurring or ‘‘forgotten’’ terms that might
every patient (prerogative of the anesthesiologist). Lastly, induce an erroneous interpretation, particularly as to the
any post-operative orders relative to intra-operative events foreseeable duration of the operation;
must be formulated by the anesthesiologist alone, not the • verification, of the side or the level of the operation,
CRNA. whenever appropriate;
It is therefore easy to understand that this type of orga- • the good installation of the patient, which is performed
nization is at best ‘‘acrobatic’’ and is anything but prudent under the conjoined responsibility of both surgeon and
in the assurance of patient safety. Effectively the pres- anesthesiologist;
ence of the anesthesiologist is mandatory at the beginning • the effective physical presence of the anesthesiologist in
of anesthesia and/or when any complication arises dur- the operating room during the steps that are particularly
ing anesthesia. The physician must be able to intervene at risk: creation of the pneumoperitoneum, especially in
without delay but at the same time not leave another patients with difficult body habitus, or during a delicate
patient without surveillance. Considering the number of dissection;
Anesthesiologists and nurses in the OR S19

• useful intra-operative communication should be the rule. and at least one anesthesiologist for two operating rooms
Certainly the permanent presence of an anesthesiologist (with two CRNAs). This framework must be followed to the
or CRNA implies that they be kept informed of any oper- letter, according to legislative fiat and the recommendations
ative difficulty or delicate operative step. Also it is up of Learned Societies. It is essential that all operations be
to the surgeon to inform the anesthesiology team of any approved by all physicians attending the weekly scheduling
unexpected finding, dangerous dissection, bleeding, or meeting (operative suite head, directors of care, anesthesi-
other significant event that should also be noted in the ologist and surgeon).
operative report; Pragmatically, the optimal management of patients
• postoperative management should be decided conjointly, depends on the presence of at least one member of the
and theoretically, by pre-determined protocol. However, anesthesiology team in the operating room from induction to
a verbal reminder can stimulate personal reflexes and par- wake-up as a guarantee of safety and quality of anesthesia
ticipates actively in the training of the younger physicians and surgery. Starting from there, the obligation of providing
or paramedical personnel. This is all the more pertinent in adequate means must be respected by the chief executive
that the coding of the procedure implicates de facto any officers.
post-interventional act during the first 15 days whether
the patient is still in the hospital or not, irrespectively of The viewpoint of insurance companies
the procedure.
In response to the question ‘‘Are one anesthesiologist and
The viewpoint of the CRNA two CRNAs for two operating rooms sufficient for patient
surveillance during surgery?’’, the Mutuelle d’assurance des
The well-constructed and precise regulations should allow professionnels de la santé (MACSF) insurance company pub-
the defense of an optimal organization of anesthesia with lished on its website on May 23, 2016 the text that follows:
rigorous attention to safety. ‘‘As long as the anesthesiologist is ready to intervene at
Aside from specifically complex high-risk procedures, any moment, he or she can entrust the surveillance of the
such as neurosurgery, heart surgery, transplantation surgery, patient to a CRNA and manage two operating rooms at the
or pediatric surgery, for which ‘‘two pair of hands’’ are same time, as long as they are not too far away from one
strongly recommended, the so-called ‘‘N+1 rule’’ can be another’’ [18].
retained as a model (three anesthetic professionals for two In response to the question ‘‘Can one anesthesiolo-
operating rooms): gist supervise several operating room simultaneously?’’, the
• one anesthesia professional, and, in particular, a CRNA SHAM insurance company published on its website May 28,
should be present in every room where anesthesia is being 2016: ‘‘The supervision of several anesthesia cases simulta-
performed; neously, is not, in itself, contrary to the regulations, as long
• an anesthesiologist, present in the site and supervising as the safety of patients is maintained in case of an adverse
two operating rooms with a CRNA in each room respects event (anesthesiologist within earshot). Consequently, it up
not only the rules of safety and the rules of the art, but to the health care facility to determine an organization that
also the regulations. is compatible with the safety of the anesthetized patient.
This being said, and subject to the evaluation of judges, one
The viewpoint of the chief executive officer anesthesiologist for two operating rooms associated with the
permanent presence of a CRNA at the patient’s side seems
All health care facilities are under the obligation of provid- to be an adequate level of safety, with the understanding
ing means to accomplish their care activities, particularly that a reinforced medical presence should be available in
in the operating room for surgical activities. From then on, case of a particularly high-risk operation. Anything less than
the direction must ensure that nothing is missing, neither this ratio could compromise patient safety. Effectively, the
human nor material resources. In legal terms, the this obli- greater the number of operating rooms supervised by the
gation implies that the person in charge is obliged to make same anesthesiologist, the more the capacity of the anes-
sure that all possible means have been mobilized to accom- thesiologist to intervene with patients-in-need is reduced.’’
plish the obliged task. Of note, if all these means have been [19].
mobilized, a poor result can never be retained in a claim. Malpractice lawyers are familiar with these positions and
The HAS has set up certification procedures with regard know how to use them [20].
to the organization of operative suites. An incomplete anes-
thesiology team is a reason for the experts to sanction or
withhold certification of the health care facility. In this case, Conclusion
the HAS can transmit the decision to the Regional Health
Agency which in turn can question the facility’s authoriza- This overview regarding the presence of anesthesiologists
tion to practice surgery. in the operating room and the number of rooms that can
Anesthesia-related morbidity is still important (minor be supervised simultaneously shows clearly that the liabil-
complications in 20% of cases, major in 0.5% of cases, ity of all actors is engaged and will be pursued in case of
sometimes with permanent damage [17]) given that half an adverse event; this is true not only for the anesthesiolo-
of these complications are avoidable. The simple fact of gist and the CRNA but also for the surgeon and health care
having one anesthesiology professional in each operating facility.
room assures the immediate management of any anesthesia- Other points should be evoked:
related adverse event. • the pressure to produce, whether medical or financial,
Audits conducted by insurance companies of weak points cannot justify non-respect of the rules of safety in anes-
in health care facilities underscore the regulatory exigencies thesiology;
requiring the presence of the anesthesiology team in the • the patients should be informed of who is in charge of
operating room (one anesthesia actor per operating room their surveillance;
S20 M. Fischler et al.

• the French Public Insurance Company does not specify [7] Article R.4127-32 du Code de la Santé Publique. https://www.
the number of operations an anesthesiologist can simul- legifrance.gouv.fr/affichCodeArticle.do?idArticle=LEGIARTI00
taneously supervise. Taking into consideration the details 0006912894&cidTexte=LEGITEXT000006072665&dateTexte=
above, it is clear that planned oversight of more than 20101027&oldAction=rechCodeArticle.
two operating rooms per anesthesiologist would be a very [8] Article R.4127-47 du Code de la Santé Publique. https://www.
legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT00
pejorative element in case of a medio-legal claim;
0006072665&idArticle=LEGIARTI000006912913&dateTexte=&ca
• Mazzocco et al. showed that behavioral deviations in the
tegorieLien=cid.
operating room are more strongly predictive of adverse [9] Recommandations concernant les relations entre
events than the ASA score [21]. This is an essential ele- anesthésistes-réanimateurs et chirurgiens, autres spécialistes
ment for medico-legal expert testimony, because, while ou professionnels de santé. http://sfar.org/wp-content/
it is well admitted that there is no such thing as zero risk, uploads/2014/04/196-reco-anesth-chir-autres-2001.pdf.
the fact that everything possible was effectively sought [10] Recommandations concernant la surveillance des patients en
and done correctly must be established; cours d’anesthésie (SFAR 1994). http://sfar.org/wp-content/
• the answer to these questions may evolve in the future uploads/2015/10/2 SFAR Recommandations-concernant-la-sur
because of the modifications of the range of activities veillance-des-patients-en-cours-danesthesie.pdf.
[11] Le rôle de l’Infirmier Anesthésiste Diplômé d’État (1995).
and responsibilities of health care providers [22]. For ins-
http://sfar.org/le-role-de-linfirmier-anesthesiste-diplome-de
tance, obstetrical sonography has already been delegated tat/.
to midwives that have been trained in the discipline. In [12] https://juricaf.org/arret/FRANCE-COURDECASSATION-20160
Great Britain, nurses are trained to perform technical acts 712-1584035.
and in particular, screening colonoscopy. Legislation must [13] Tamburini S. Condamnation pénale d’un chirurgien du fait
be changed accordingly. d’un défaut de surveillance continue par l’anesthésiste durant
une intervention. https://www.macsf-exerciceprofessionnel.
fr/Responsabilite/Actes-de-soins-technique-medicale/chir
Disclosure of interest urgien-condamne-anesthesiste//.
[14] Cour d’appel de Montpellier, 28 mai 2014, no 13/07270.
The authors declare that they have no competing interest. https://www.doctrine.fr/?q=cour%20d%27appel%20montpell
ier%2013%2F07270&only top results=true#hit1.
[15] Tribunal de grande instance de Nanterre, 2e chambre,
21 septembre 2017, no 14/05495. https://www.doctrine.
References fr/d/TGI/Nanterre/2017/FR1A0CDEB93400C438A1E5.
[16] https://www.has-sante.fr/portail/jcms/c 2587220/fr/cooper
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