LEGAL ASPECTS OF ANAESTHESIA

Transcription

1 LEGAL ASPECTS OF ANAESTHESIA

2 DEVELOPMENTS IN CRITICAL CARE MEDICINE AND ANESTHESIOLOGY Volume 21 For a list of the volumes in this series see final page of the volume.

3 LEGAL ASPECTS OF ANAESTHESIA edited by J.F. CRUL European Academy of Anaesthesiology KLUWER ACADEMIC PUBLISHERS DORDRECHT I BOSTON I LONDON

4 Library of Congress Cataloging in Publication Data Legal aspects of anaesthesla I edited by. p. em. -- (Developments in erltlcal care mediclne and anaestheslology ; 21) Includes lndex. ISBN 13 : e ISBN 13: DOl: Anesthesiology--Law and legislatlon--europe. 2. Anesthesl0loglsts--Malpractice--Europe. I. Crul, J. F. II. Serles. [DNLM 1. Anesthesiology--leglslation & jurlsprudence. 2. EthlCS, Medical. 3. Malpractice. WO L49s1 KJCS210.A53L dc20. [ J DNLM/DLC for Llbrarv of Congress ISBN-13 : Published by Kluwer Academic Publishers, P.O. Box 17, 3300 AA Dordrecht, The Netherlands. Kluwer Academic Publishers incorporates the publishing programmes of D. Reidel, Martinus Nijhoff, Dr W. Junk and MTP Press. Sold and distributed in the U.S.A. and Canada by Kluwer Academic Publishers, 101 Philip Drive, Norwell, MA 02061, U.S.A. In all other countries, sold and distributed by Kluwer Academic Publishers Group, P.O. Box 322, 3300 AH Dordrecht, The Netherlands. All Rights Reserved 1989 by Kluwer Academic Publishers Softcover reprint of the hardcover 1st edition 1989 No part of the material protected by this copyright notice may be reproduced or utilized in any form or by any means, electronic or mechanical including photocopying, recording or by any information storage and retrieval system, without written permission from the copyright owner.

5 PREFACE The topic Legal Aspects of Anaesthesia is still rarely treated in book publications, but deserves increasing attention as more cases of litigation occur each year and anaesthetists also become more aware of the legal structure within which they practice their profession. I am happy to have been able to obtain the cooperation of experts in this field from various European countries. The contributing authors in this book come from both the anaesthesia and surgery side as well as from the jurisprudential background. As these two fields have their own professional jargon we have been very careful in using definitions, avoiding that a specific term might lead to misunderstanding and confusion. The international authorship did not facilitate this task. The subject of this book was also the topic of a meeting of the European Academy of Anaesthesiology held at the French Study Center, La Suquette, Saint Vincent Ie Palue~ held three years before publication of this book. The organizers G. Barrier,, and J. Lassner felt the need for a book publication presenting the state of the art of anaesthesia and the law in European countries. With the present book this plan has been realized. During the meeting many subjects were thoroughly discussed and the editor considered a number of them as very informative and therefore these were included in this book. v

6 CONTENTS Preface List of authors v ix PART A - Geoerallegal aspects in different coudtries Legal aspects of anaesthesia mishaps in The Netherlands 1 Legal basis of medical liability after anaesthesia mishaps in France 7 G.Barrier Jurisprudential aspects of anaesthesia in France 11 C. Paley-Vincent Discussion 18 Medicolegal problems in the United Kingdom 21 R.L. Hargrove Frequency and causes of legal suits in relation to the general practice of anaesthesia in Sweden 23 B. Ha1l~n Legal liability suits after anaesthetic accidents in Germany 37 H. Wroblewsky Discussion 43

7 viii PART B - Special medicolega1 problems Awareness. A medico-legal problem 59 R.L. Hargrove Delayed respiratory effects of the administration of the new morphinomimetics 67 F. Marchetti Medico-legal consequences deriving from inquiries on the incidence of anaesthetic mishaps 75 J. Lassner Discussion 80 Problems of surgical and anaesthesiological abstinence: legal and ethical consequences 93 L.Rene Discussion 97 Legal and ethical problems of anaesthesia for organ-transplantations 105 C.Manni Discussion 111 Rules of procedure for anaesthesiologists in case of faults or (near) accidents 11 7 Discussion 121 Anaesthesiological responsibility for the day-care patient 125 C. Roos General conclusions 133

8 UST OF AUTHORS Prof. G. Barrier Departement d' Anesthesiologie Group Hospitalier Necker-Enfants Malades-Laennec 149, Rue de S~vres PARIS CEDEX 15. FRANCE Prof. Ph.D. Department of Anaesthesiology University Hospital St. Radboud Geert Groteplein Zuid S GA NDMEGEN. THE NETHERLANDS Dr. B. Hall~n Department of Anaesthesia Karolinska Sjukhuset Box S STOCKHOLM. SWEDEN Dr. R.L. Hargrove Magill Department of Anaesthetics Westminster Hospital, Medical School Page Street Wing LONDON SWlP 2AP. UNITED KINGDOM Prof. J. Lassner 7, Rue Mechain PARIS. FRANCE Prof. C. Manni Istituto di Anestesiologia e Rianirnazione Universita Cattolica del Sacro Cuore Largo Agostino Gemelli, ROMA. ITALIA Dr. F. Marchetti Responsable du Departement d' Anesthesie Laboratoire Janssen SA. ix

9 x 17, rue Galilee PARIS. FRANCE C. Paley-Vincent Avocat a la Court 40, rue de Monceau PARIS. FRANCE Dr. L. Rene, surgeon Conseil Departemental de la Ville Ordre des Medecins 14, rue Euler PARIS. FRANCE Dr.C.Roos Strandvlietlaan CG OUDERKERK AID AMSTEL. THE NETHERLANDS Dr. H. Wroblewski Institut fur Anasthesiologie Klinikum Grosshadem Marchioni Strasse MiiNCHEN. WESTERN GERMANY