[Anesthesia and medical responsibility. Principles]

Anaesthesia exposes the practitioner to the obligation of being answerable for his responsibility if he commits an error which leads directly to damage to the patient. He can be forced to pay compensation for the damage. Quite apart from this, there is also the unpleasant process of being called before a disciplinary hearing for "involuntary injury". Anaesthetic error. According to the criteria applied by the tribunals, the error can be personal, or resulting from errors committed by the auxiliaries involved by the doctor. He can also be considered responsible in cases of structural unsuitability in which he has, nevertheless, agreed to proceed. Application on phlebology. The omnivalent degree of Doctor of Medicine enables the phlebologist, as it does any other specialist doctor, to perform anaesthetics without restriction. The existence of "specialization" sanctioning special studies actually limits this right because of the rules of medico-legal responsibility. Consequences. If the choice of technique is completely open, it ought to be the one best adapted to the condition of the patient, and the practitioner ought to be in control of the situation. In every case, the patient ought to be informed of all risks and benefits. The anaesthetic cannot be performed by any person other than the practitioner or an anaesthetist nurse, in the presence of the practitioner. The surgery where this is performed must be equipped with all the apparatus necessary for good anaesthetic procedure, monitoring, and recuperation in case of patient distress.