16.05.2015
It is widely known that doctors have extensive duties of care, information and documentation in connection with operations, and that they are liable for malpractice. Doctors are therefore responsible for much more than just the treatment itself. The Supreme Court recently also clarified that doctors must carefully supervise patients after the operation, at least until the patients are transferred to the recovery room.
In the case decided (7Ob85/13w), the surgeon first left the operating room and left the patient (who was only relatively superficially anesthetized) in the care of the anesthetist and the surgical assistant. The anesthetist, as the only doctor at this point, also left the operating room for two to three minutes to fetch a mobile pulse oximeter. The patient, who was still on the operating table, was therefore left alone with only one surgical assistant. As a result, the patient, who tried to sit up while semi-anesthetized, fell from the table and injured herself. The Supreme Court affirmed the liability of the anesthetist, even if the injury was not the result of a medical complication. However, the Supreme Court left open whether the anesthetist would also have been liable if more than one surgical assistant had been present in the operating room.
This raises the bar for doctors, but patients can be happy. The Supreme Court is thereby reaffirming its established case law regarding the extensive monitoring and care obligations of doctors during an operation.
Author: Univ.-Lect. Dr. Stefan Lausegger