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Judge dismisses lawsuit challenging CO opt-out of Medicare requirement
Denver District Court Judge Anne Frick last week dismissed a lawsuit challenging the state's decision to exempt rural and critical access hospitals from a Medicare requirement that certified nurse anesthetists be supervised by a physician. Frick granted a request from the Colorado Hospital Association and others to dismiss the case for failure to state a valid legal claim.
The March 2011 American Society of Anesthesiologists (ASA) Newsletter notes...
" The court also rejects the argument that the opt-out contradicts California's "captain of the ship" doctrine. According to the court, such argument ignores Cavero v. Franklin Benevolent Society in which the California Supreme court held that operating surgeons were not liable for a nurse anesthetist's negligent administration of anesthesia during surgery..."
This would be breaking news BUT, (ASA) legal counsel explained this in the ASA December 2000 Newsletter "Surgeon Liability for Nurse Anesthetists: Fact or Fiction?".
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