Does New York Regulate the Administration of General Anesthesia and if an Anesthesiologist Didn't Administer My Medication Should I call a New York Medical Malpractice Lawyer?


A: Yes, New York State does regulate the administration of general anesthesia. The regulation is found in Section 755.4 of Title 10 of the New York Codes, Rules and Regulations (NYCRR) and provides in part that:

(a) An anesthesiologist, licensed by and currently registered with the New York State Education Department, and who meets the definition of a qualified specialist, is responsible for the anesthesia services;

(b) administration of anesthesia is in accordance with current standards of professional practice;

(c) anesthesia is administered by only a qualified anesthesiologist, or a physician or dentist qualified to administer anesthesia, or a certified registered nurse anesthetist;

(d) when non-physicians administer anesthesia, the anesthetist must be under the direct personal supervision of a qualified physician, who may be the operating surgeon;

(e) the person administering the anesthesia, is not the operating surgeon; and

(f) a physician examines each patient immediately prior to surgery to evaluate the risk to anesthesia and the procedure to be performed.

If you suffered an injury because anesthesia was not administered according to these rules, please call a New York medical malpractice attorney at 1-800-PAGAN-911 to discuss your options.