Nonetheless, the appellate court ordered a new trial against both the surgeon and the anesthesiologist. As these cases show, surgeons are not protected when they work with anesthesiologists. In our legal system, plaintiffs are entitled to sue anybody they wish as long as they reasonably believe that they have a claim. It is probably true that some surgeons have been sued for anesthesia incidents when anesthesia has been provided by a nurse anesthetist. But it is equally true that surgeons have also been sued and held liable when anesthesia was provided by an anesthesiologist.
Anesthesia incidents are rare today and becoming rarer.
Surgeons cannot prevent their involvement in cases arising from anesthesia incidents whether they work with nurse anesthetists or anesthesiologists. They would be far better advised to select competent, vigilant providers without regard to whether or not they have a nursing or medical license. This article is not intended as legal advice nor is it advice on the law of any state. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.