Legal Briefs 

These articles were first published in the AANA Journal and are being reprinted on the AANA website for reference and study. 

Please note: These articles are not intended as legal advice nor are they 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. 

Articles listed below are arranged by keyword. Articles are also arranged by year in our Index by Year . 

Legal Briefs Index 

AIDS/HIV  Issue 

The law and the AIDS-infected healthcare worker 

June 1993
   
Americans with Disabilities Act  Issue 
Nurse anesthetists and the Americans with Disabilities Act 
February 2005
 
Antitrust Issues  Issue 

Anesthesia Advantage Inc vs Metz 

October 1990

Antitrust protection against a hospital's denial of access 

October 1988
   
Captain of the Ship  Issue 

 Another article on the surgeon's liability for anesthesia negligence 

 April 2007

Can a CRNA be medically directed and be an independent contractor for tax purposes at the same time? 

April 2006

The Doctrine of Corporate Liability 

August 2005 

Supervision 

October 2000

Being smart about malpractice 

June 2000

The nature of supervision 

June 1997

Captain of the ship 

February 1993

A Surgeon's liability for the anesthesia administrator: The law according to Dr. Modell 

October 1986
   
Competition/Covenant not to compete  Issue 

Nurse anesthetists in the middle: Covenants not to compete 

December 1998

Covenants not to compete 

August 1996
   
Conflict of Interest  Issue 

Conflict of laws 

December 2002
   
Drugs/Prescriptive Authority  Issue 

Drug Enforcement Agency mid-level practitioner regulation 

October 1993

Federal drug laws and CRNAs 

August 1990

Nurse anesthetists and prescriptive authority 

April 1988
   
Employment  Issue 

Can a CRNA be medically directed and be an independent contractor for tax purposes at the same time? 

 April 2006

  Sweetwater Hospital Association v Carpenter 

December 2005

Due process 

December 2003

More help for whistleblowers 

April 2003

Fairness in credentialing and the Certified Registered Nurse Anesthetist 

October 2002

CRNAs as independent contractors 

February 2002

Anesthesia personnel and the Americans with Disabilities Act 

October 2001

Importance of being certified 

February 2000

Harassment in the workplace 

August 1995

CRNA as employee 

April 1994

What is an employee? 

December 1989

CRNAs and the National Labor Relations Act 

December 1988

Professional corporations 

August 1988
   
Federalism (balance between state and federal government) Issue 

United States Supreme Court upholds "any willing provider" statutes 

August 2003
   
Healthcare  Issue 

Freedom of Information Acts and healthcare 

August 1997

An examination of professional relationships between CRNAs and other healthcare professions 

April 1987
   
Informed Consent  Issue 

 Awareness 

 February 2006
The power of words 
August 2004
Informed consent 
June 1998
 
Lethal Injection Issue

The Medical-Legal Quandary of Healthcare in Capital Punishment: An Ethical Dilemma for the Anesthesia Provider

December 2008
 
Liability  Issue 
Liquidated damages
April 2008

 Another article on the surgeon's liability for anesthesia negligence 

 April 2007

 Awareness 

February 2006

Can a CRNA be medically directed and be an independent contractor for tax purposes at the same time? 

April 2006

 The Doctrine of Corporate Liability 

August 2005

  Sweetwater Hospital Association v Carpenter 

December 2005

Nurse anesthesia students and liability 

June 2002

CRNAs as independent contractors 

February 2002

Improving technology 

June 1996

Who does your lawyer represent? 

October 1991

Herrington vs Hiller: A nightmare for those who restrict CRNA practice 

April 1990

Surgeon's liability for negligence of CRNAs: A recent case 

April 1989

Physician-controlled insurance companies 

June 1988

Liability of a surgeon when working with a nurse anesthetist 

June 1984
   
Malpractice  Issue 

 Operating room fires: The CRNA and the deposition 

 February 2007

 Awareness 

February 2006

Being smart about malpractice 

June 2000

The importance of following procedures in anesthesia 

April 2000

Litigation is too important to be entrusted to lawyers 

August 1999

Do surgeons get sued when they work with anesthesiologists? 

April 1998

Baptist Medical Center Montclair v Wilson 

December 1993

Who does your lawyer represent? 

October 1991
   
Medicare  Issue 

Medicare fraud and abuse 

April 1991
   
Negligence  Issue 

 Another article on the surgeon's liability for anesthesia negligence 

 April 2007

 Operating room fires: The CRNA and the deposition 

 February 2007

 Awareness 

February 2006

 The Doctrine of Corporate Liability 

August 2005 

Standards of care and the ASA medical direction statement 

April 2004

The danger of using a nurse who is not a CRNA to administer anesthesia 

June 2003

Charting 

August 2002

Conflict for the court 

April 2001

Significance of signing medical chart on legal liability 

February 1999

Informed consent 

June 1998

Standard of care 

December 1997

Double standards in anesthesia 

April 1997

Res ipsa loquitur: Dental damage during anesthesia 

February 1997

Improving technology 

June 1996

Drennan v Community Health Investment Corporation 

February 1996

Supervision 

October 1994

Harris v Miller 

June 1994

Mitchell v Amarillo Hospital District 

February 1994

Captain of the ship 

February 1993

Punitive damages 

June 1992

Who does your lawyer represent? 

October 1991

Surgeon's liability for negligence of CRNAs: A recent case 

April 1989
   
Podiatrists  Issue 

Nurse anesthetists and podiatrists 

October 1989
   
Practice of Nursing  Issue 

The overlap between the practice of medicine and the practice of nursing 

February 1998

Baptist Medical Center Montclair v Wilson 

December 1993

Practice standard in the making: Pulse oximeters 

February 1988
   
Practice of Medicine  Issue 

Anesthesia -- It's finally the practice of medicine 

April 1999

The overlap between the practice of medicine and the practice of nursing 

February 1998

The administration of anesthesia and the practice of medicine 

June 1990
   
Reimbursement  Issue 

The difficulties of complying with TEFRA 

April 2002

Dismissal of the Minnesota qui tam action 

June 1999

Pennsylvania Blue Shield agrees to reimburse nurse anesthetists 

February 1991

 

 
Res Ipsa Loquitur  Issue 

Conflict for the court 

April 2001

Positioning, padding, documentation and the CRNA 

October 1998

Res ipsa loquitur: Dental damage during anesthesia 

February 1997

 

 
Standard of Care  Issue 

 Awareness 

February 2006 
Just following orders 
December 2004

Expert testimony 

June 2004

Standards of care and the ASA medical direction statement 

April 2004

The danger of using a nurse who is not a CRNA to administer anesthesia 

June 2003

Fairness in credentialing and the Certified Registered Nurse Anesthetist 

October 2002

Nurse anesthesia students and liability 

June 2002

Being smart about malpractice 

June 2000

Standard of care 

December 1997

The nature of supervision 

June 1997

Double standards in anesthesia 

April 1997

Expert testimony 

December 1996

Abandonment 

April 1996

Drennan v Community Health Investment Corporation 

February 1996

The CRNA as an expert witness 

April 1995

Supervision 

October 1994

Standard of care 

December 1997

The standard of care 

December 1992

Informed consent 

October 1992

The standard of care 

August 1991

Standard of care 

August 1987
   
Statute of Limitations  Issue 

Statue of limitations 

December 1994

Statute of limitations 

August 1993
   
Supervision  Issue 

 Another article on the surgeon's liability for anesthesia negligence 

 April 2007

Can a CRNA be medically directed and be an independent contractor for tax purposes at the same time? 

 April 2006

Nurse anesthesia students and liability 

June 2002

CRNAs as independent contractors 

February 2002

Supervision 

October 2000

Do surgeons get sued when they work with anesthesiologists? 

April 1998

LaCroix case 

October 1997

The nature of supervision 

June 1997

Anesthesia and JCAHO 

December 1995

Supervision 

October 1994

When is a supervisor not a supervisor? 

August 1994

Mitchell v Amarillo Hospital District 

February 1994

New Jersey's hospital anesthesia standards 

April 1992

Surgeon's responsibility for CRNAs 

February 1989

Legal requirements of physician supervision 

October 1984
   
Surgeon  Issue 

 Another article on the surgeon's liability for anesthesia negligence 

 April 2007

Privileged communications 

April 1993

Anesthesia and the surgeon's comfort 

December 1991

Franklin v. Gupta 

December 1990

Surgeon's liability for negligence of CRNAs: A recent case 

April 1989

Surgeon's responsibility for CRNAs 

February 1989

A surgeon's liability for the anesthesia administrator: the law according to Dr. Modell 

October 1986

The irrelevant issue of surgeon's liability 

October 1985

Liability of a surgeon when working with a nurse anesthetist 

June 1984
   
Termination  Issue 

  Sweetwater Hospital Association v Carpenter 

December 2005

More help for whistleblowers 

April 2003

The difficulties of complying with TEFRA 

April 2002

Anesthesia personnel and the Americans with Disabilities Act 

October 2001

Wrongful termination 

October 1996

Wrongful termination: Massachusetts takes a step backward 

August 1992

Employment agreements 

February 1992
Hospital privileges 
February 1990

Postscripts 

August 1989

Wrongful termination 

June 1989
   
Vicarious Liability  Issue 

Vicarious liability for anesthesiologists 

December 2001

How settlement affects the legal process 

June 2001

Do surgeons get sued when they work with anesthesiologists? 

April 1998

Harris v Miller 

June 1994

Captain of the ship 

February 1993

Anesthesia and the surgeon's comfort 

December 1991
The irrelevant issue of surgeon's liability 
October 1985
   

 

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