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REVIEW
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
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.
https://doi.org/10.1016/j.jviscsurg.2019.05.008
1878-7886/© 2019 Elsevier Masson SAS. All rights reserved.
S16 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
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une intervention. https://www.macsf-exerciceprofessionnel.
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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.
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