Define: Captain Of The Ship

Captain Of The Ship
Captain Of The Ship
Full Definition Of Captain Of The Ship

The “Captain of the Ship” doctrine is a legal principle that holds the surgeon responsible for the actions and decisions made during a surgical procedure. Under this doctrine, the surgeon is considered the ultimate authority in the operating room and is held accountable for any negligence or malpractice that occurs during the surgery. This doctrine is based on the belief that the surgeon has the highest level of knowledge and expertise in the operating room and should therefore be responsible for the overall outcome of the procedure.

Captain Of The Ship FAQ'S

The “Captain of the Ship” doctrine holds the lead surgeon or physician responsible for the actions of their medical team during a surgical procedure.

liable for the actions of other medical staff?

Yes, under the “Captain of the Ship” doctrine, the lead surgeon or physician can be held liable for the actions of other medical staff if they were under the lead surgeon’s supervision and control.

The doctrine is based on the idea that the lead surgeon or physician is ultimately responsible for the overall care and safety of the patient during a surgical procedure.

The doctrine may not apply in cases where the lead surgeon or physician was not directly involved in the specific actions that led to the alleged malpractice.

The doctrine is specific to medical malpractice cases and does not typically apply to other professional or legal contexts.

Medical malpractice liability insurance often takes into account the potential liability of the lead surgeon or physician under the “Captain of the Ship” doctrine.

evidence is needed to establish liability under the "Captain of the Ship" doctrine?

Yes, the doctrine can apply to any medical procedure or treatment where the lead physician is ultimately responsible for the patient’s care.

Defenses may include demonstrating that the lead surgeon or physician did not have direct control or supervision over the actions that led to the alleged malpractice.

The doctrine raises the standard of care for lead surgeons and physicians, as they are held responsible for the actions of their medical team during a procedure.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 4th April 2024.

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