Captain of the ship doctrine is the
legal doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about w ...
which holds that, during an
operation
Operation or Operations may refer to:
Arts, entertainment and media
* ''Operation'' (game), a battery-operated board game that challenges dexterity
* Operation (music), a term used in musical set theory
* ''Operations'' (magazine), Multi-Ma ...
in an
operating room
Operation or Operations may refer to:
Arts, entertainment and media
* ''Operation'' (game), a battery-operated board game that challenges dexterity
* Operation (music), a term used in musical set theory
* ''Operations'' (magazine), Multi-Man ...
, a
surgeon of record is liable for all actions conducted in the course of the operation. The doctrine is a form of the "borrowed servant doctrine", in which a party usually liable for his, her, its, or their actions is absolved of responsibility when that "borrowed servant" is asked to do something that is outside of the bounds of policy.
History
The doctrine was coined in ''McConnel v. Williams'', 361 Pa. 355, 65 A.2d 243, 246 (1949), in which the
Supreme Court of Pennsylvania
The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme ...
ruled that, "it can readily be understood that in the course of an operation in the operating room of a hospital, and until the surgeon leaves that room at the conclusion of the operation... he is in the same complete charge of those who are present and assisting him as in the captain of a ship over all on board, and that such supreme control is indeed essential in view of the high degree of protection to which an anesthetized, unconscious patient is entitled...".
The doctrine emerged in 1949 and was popular in the 1950s, but the application of this doctrine declined as patients who suffered a
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
sued under the
charitable immunity
Charitable immunity is a legal doctrine which holds that a charitable organization is not liable under tort law. It originated in 19th-century Great Britain.
History
The early form of charitable immunity in England did not provide immunity from ...
doctrine.
[Murphy, E. K. (2001.) ""Captain of the ship" doctrine continues to take on water", AORN J, 74(4):525-8.]
In the 21st century, consistent with the Supreme Courts of multiple states, the
Supreme Court of Wisconsin declined to adopt the doctrine.
Although the doctrine has been deemed "anachronistic", a "prostrate doctrine" and "indiscriminate repetition", among other things, the phrase remains in current usage.
See also
*
Charitable immunity
Charitable immunity is a legal doctrine which holds that a charitable organization is not liable under tort law. It originated in 19th-century Great Britain.
History
The early form of charitable immunity in England did not provide immunity from ...
References
{{reflist
External links
captain of the ship doctrine - The Free DictionaryCaptain of the Ship in Medical Malpractice - WikiCNS
Legal immunity
Medical malpractice
Surgery