Anesthesia Workplace Addiction
Contributed by Brian Thomas, PPM Director of Risk Management
Opioid addiction remains a significant issue in the anesthesia workplace. While anesthesiologists may suffer from addiction to alcohol and other substances, the drug of choice for most anesthesiologists entering treatment programs continues to be opioids.
Addiction to opioids and other substances puts patient safety at risk and devastates anesthesiologists' lives, families and professional careers. From a professional liability perspective, allegations that an anesthesiologist was under the influence of narcotics or other substances while rendering care and treatment to a patient significantly increases liability exposure to both the individual anesthesiologist and the anesthesia practice group.
How Your Professional Liability Coverage is Affected
It is also important to note that nearly all professional liability insurance policies exclude coverage for liability arising from substance abuse. While mere allegations of substance abuse do not typically result in a denial of coverage, insurance carriers must make a case-by-case determination based on the specific allegations, facts and evidence.
If allegations 
of substance abuse are ultimately proven in a medical negligence lawsuit, the addicted anesthesiologist may be faced with no insurance coverage. Further, the addicted anesthesiologist may be faced with personally paying the considerable cost of defending a lawsuit.
Additionally, allegations of substance abuse often result in punitive or exemplary damage claims. Punitive or exemplary damages arise when the defendant's acts are determined to have been intentional, willful, malicious, wanton, fraudulent, or criminal. Many professional liability insurance policies exclude coverage for liability arising from punitive or exemplary damage claims.
Anesthesia practice groups that employ an addicted anesthesiologist may also face significantly increased liability exposure in the event of a lawsuit with allegations of substance abuse. In addition to the possibility the individual addicted anesthesiologist may not have insurance coverage, the anesthesia practice group's corporate assets may be at risk due to punitive or exemplary damage claims.
Click below to receive our risk management newsletter, Anesthesia & the Law, which addresses anesthesia workplace addiction...
