Liability

Jan Mannino, CRNA, JD

Who can get named in a suit

Who Pays in a lawsuit

DefendantsAnesthesia personnelSurgeonHospital

EmployeesOwners

Corporate entitiesManufacturers and Distributors

Basis of LiabilityDirect participantSupervisory capacityHospital granted privileges

Intentional disregard for safety issues

Vicarious LiabilityAssuming Liability for the acts of others

Laws of AgencyEmployer is responsible (liable) for the acts of its employees

Employer-employee relationship must be “in fact”

Independent contractor status may not be considered an employment situation

Respondent SuperiorBorrowed ServantEmployee may be “borrowe

d” for purposes of liability

Captain of the Ship DoctrinePennsylvania CaseCharitable ImmunitySurgeon sued because hospital could not be sued

Current PracticeCaptain of the ship has been eliminated in most states

Technical advances in medical practice

Shared liability in some instancesSurgeons found liable for ASSISTING CRNAs with the anesthesia

Not an automatic liabilitySame liability as working with an MDA