راحله براتی

Human health and life have been one of the important and fundamental goals and issues of humanity's life since the beginning of time. Surgery, especially anesthesia, plays a big role in human health. However, sometimes surgery instead of improving the patient's condition puts him in danger and damages his life.Questions are raised in this direction and the issue is that in the event of a patient's loss of life due to surgery and especially a mistake in anesthesia, which person or persons are responsible for the accident? And what is the effect of hospital supervision and the manager of the surgery and anesthesia team on creating this responsibility? What is the effect of contractual and non-contractual liability of the hospital and anesthesia team on their liability? What is the difference between public and private hospitals and what role do they play in creating this civil responsibility?According to the conducted research, we come to the conclusion that the responsibility of each natural person (surgery and anesthesia team) and legal person (hospitals) is evaluated differently according to the type of their duty and each one is responsible due to negligence in his duty. It is considered that one of them may be the cause of this accident, or the responsibility lies with all of them or some of them, and even in some cases, a person may be considered responsible instead of someone else, and this can be due to the acceptance of responsibility, the duty of supervision. and management to be brought up.Therefore, supervision and management is considered an important thing that can shift the responsibility. The management and supervision of the anesthesia team is the responsibility of the anesthesiologist and the surgery team is the responsibility of the surgeon, but sometimes the management, supervision and responsibility of the entire surgery and anesthesia team is the responsibility of the surgeon or the surgeon accepts the responsibility of the entire team.And sometimes the duties and relationships of the surgeon and the anesthesiologist are so close to each other that it seems difficult to separate their responsibilities because the surgery is a part of the surgery and anesthesiologist team, and sometimes the surgeon's mistake may cause the doctor to make a mistake. anesthesia and vice versa.   Therefore, a mistake in anesthesia may be indirectly related to the surgeon in addition to the anesthesiologist and the anesthesiologist. There is a contractual responsibility for the surgeon, but for the anesthesia team, including the anesthesiologist and the anesthetist, no contractual responsibility is considered because they are never parties to the patient's contract.Hospitals may also be held responsible for their actions due to negligence in their duty and others, caused by mistakes in anesthesia. Regarding hospitals, there is contractual liability, of course, the contractual liability is the same in public and private hospitals and there is no difference between them in this respect, but these hospitals are subject to different rulings in terms of compulsory liability, compensation and the possibility of referring employees