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...brain damage. The Starchers charge that: (1) the jury verdict for the operating physician was against the overwhelming weight of the evidence; (2) that the court should have ruled that ...negligence in the failure to follow guidelines for the administration of anesthesia. This Court affirms the verdict of the jury. Furthermore, we hold that the borrowed servant ...
The Starchers cite four primary issues for appeal:
I. WHETHER THE JUDGMENT BELOW IS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE ...
...could be liable for the negligence of the nurses by distinguishing our decision in Fehrman v. Smirl, 25 Wis.2d 645, ..."captain of the ship" doctrine.
We declined to discard the "borrowed servant rule" in favor of the "dual ..., 264 N.W.2d 579 (1978); Wis JI Civil 4030 (1994). Indeed, in the present case, the hospital admitted that it could be held vicariously liable for the negligence ...
...anesthesia procedure, and therefore the trial court's ruling on this matter was correct.
Thomas also argues the "captain of the ship" doctrine set out in...).
In looking to the history of this doctrine, Pennsylvania originally adopted the captain of the ship doctrine to get around charitable immunity fo.... Francis Hosp., 149 W. Va. 705, 143 S.E.2d 154 (1965). The need for the doctrine gone, the majority of states which are now considering ...
...not negligent. On appeal, Fields contends the trial court erred in refusing to instruct the jury on res ipsa loquitur, the nondelegable duty of a surgeon, and the "captain of the...foreign matter and to call for a sponge count from the nursing staff who would perform the count and advise him of the result. Dr. Yusuf saw no foreign matter in the area of the wound and...Captain of the Ship Doctrine
Finally, Fields contends the trial court committed prejudicial error by refusing to instruct the jury with BAJI No...
...:
Whether genuine issues of material fact exist, precluding Summary Judgment, as to the liability of an operating surgeon, pursuant to the "Captain of ...anesthesia procedure, a factual issue is presented regarding the surgeon's liability, pursuant to the "Captain of the Ship Doctrine." We agree.
Under the "..., 390 A.2d 1271 (1978) (operating surgeon liable for negligence by the anesthesiologist).
"The `Captain of the Ship' ...
...dismissal from the staff of defendant hospital based on the doctrine of the law of the case.
Am Jur 2d, Appeal and Error 744 et seq.; Civi...applicability to defendant's case — no relief from judgment There was no merit to plaintiff's contention that the Court's rejection of the "captain of the ship doctrine" in...Harris, we rejected the "captain of the ship doctrine" which plaintiff contends was relied upon by the trial court in ruling against him. Plaintiff argues that our rejection of ...
..."captain of the ship" doctrine, which is grounded in respondeat superior, has been applied in Colorado to impose vicarious liability on a surgeon for the negligence of hospital employees ...vicarious liability, stated that it believed "an added factor to the captain of the ship doctrine should be that the attending physician, in this case Dr. Carpenter, cannot have imposed u...captain of the ship doctrine until such time as he is ready to take command." And, it concluded that defendant could not have been ready to assume control until the nurse had informed him ...
...circumstances under which he was operating. We therefore affirm the holding of the district court that the negligence of the hospital a...Colorado to impose liability on a surgeon for the negligence of the hospital employees under his control and supervision during surgery." Adams v. Leidholt, 195 C...of the point in time at which the doctor assumes control of the operating room. In Young v. Carpenter, 694 P.2d 861, 863 (Colo.Ct.App. 1984)...
...correctly applied the "learned intermediary" doctrine in the context of the failure to warn claim and correctly held that product warnings need be given only to O'Connell's physician. We further conclude t...negligence claim against Kyger, asserting that he was one of Dr. Brian's "agents" under the "captain of the ship" doctrine and was therefore covered under the terms of ...negligence claim. Specifically, plaintiffs assert the court erred in applying the "captain of the ship" doctrine and in determining, as a matter of law, that Kyger was an agent ...
...claiming that a fact issue exists as to appellant's negligence. The basis for appellant's argument, the "captain of the ship doctrine," and its application in the Harle ca...586. On appeal, however, the court of appeals held the physician liable as a matter of law under the "captain of the ship" doctrine. Id. at 585. ...court, stating that courts applying the captain of the ship doctrine in earlier Texas cases mistakenly imposed liability as a matter of law. The court explicitly stated: "We disa...
...chain of command. Respondent rests her claim on the "captain of the ship" doctrine.
Whether the law recognizes a particular duty is an issue of law ...largely discredited "captain of the ship" doctrine is misplaced. In its purest form, this doctrine imposed vicarious liability on the operating surgeon for the negligence ...the operation. See Price, The Sinking of the "Captain of the Ship", 10 J. Legal Med. 323 (1989). Even if we were to recognize this theory, it would not affor...
...entered judgment of $425,739.90.
DR. VERED'S APPEAL I. Vicarious Liability and Respondeat Superior A. Captain of the Ship Doctrine Dr. Vered contends the trial court...instructing the jury that he was liable for the nurses' negligence based on the captain of the ship doctrine. We disagree.
The captain ...Berg v. United States, 806 F.2d 978, 983 (10th Cir. 1986) (rejecting physician's liability under the captain of the ship doctrine b...
..., and Peacock), their responsibility for the misplacement of the tube must result from some theory of vicarious liability. We will deal with that aspect of the case first.
...legal theory by which vicarious liability has been placed on a surgeon is the so-called "Captain of the Ship Doctrine." The...248.
In later cases, the Pennsylvania courts relied on the Captain of the Ship Doctrine to expand the liability of surgeons to acts of...
..., which is one of the limited grounds upon which this Court can set aside a determination by the ARB ( see Matter of Wahba v. New York State Dept. of Health, 277 AD2d 634, 635; Matter of...room even though nurses were present and should share responsibility. Initially, we note that petitioner has mischaracterized the so-called "captain of the ship" doctrine, which was used in some...decline of charitable immunity for hospitals ( see generally Lewis v. Physicians Ins. Co. of Wis., 243 Wis 2d 648, 663-664, 627 NW2d 484, 492-493). The ARB neither applied such a doctrine nor did it...
...inflicted, he could not be held liable under the res ipsa loquitur doctrine.
3. Malpractice — "Captain of the Ship" — Inapplicable —...multiple defendants, but the facts are readily distinguishable. There each defendant driver to whom the doctrine was applied was in control, at the time of the collision, of one ...court of appeals' holding that the doctrine is not applicable. The "captain of the ship" rule, which is grounded in ...
...–Appellees
Opinion by JUDGE CARPARELLI¶ 1 Plaintiffs, William P. and Corinna Settle, appeal the judgment of the trial court in favor of ...motion to amend the complaint. It concluded that although Colorado has applied the captain of the ship doctrine to operating room negligence, the doctrine has not been e...Liability Claim
¶ 30 Plaintiffs also contend that the trial court erred when it denied their motion to add a claim of vicarious liability based on the captain of the ...
...allocation of ten percent fault to the nurses, and entered judgment of $425,739.90.
DR. VERED'S APPEAL I. Vicarious Liability and Respondeat Superior A. Captain of the .... Vered contends the trial court erred by instructing the jury that he was liable for the nurses' negligence based on the captain of the ship doctrine. We disagree. ...captain of the ship doctrine, which is grounded in respondeat superior, imposes vicarious liability on a surgeon for the negligence of hospital employees under...
...; however, a surgeon usually is liable for the negligence of an anesthetist-resident or nurse-anesthetist under the "captain of the ...Kan. at 738. The "captain of the ship" doctrine has been applied in the operating room setting. A supervising surgeon is deemed to have control over hospital employees assisting in a ...procedure. The "captain of the ship" doctrine is not applicable to the case at bar.
The determination of the right of control as ...
...any negligence of the CRNA assisting in the operation.
The imputed liability of a surgeon for the negligence of medical professionals assisting in the surge...." Thomas v. Raleigh Gen. Hosp., 358 S.E.2d 222, 224-25 (W.Va. 1987) (rejecting "captain of the ship" doctrine where surgeon was sued based ...negligence of anesthesiologist and nurse anesthetist in inserting and removing tracheal tube).
To be fair, many of the opinions applying the "captain of the ...
... Trinity argues that the trial court erred in failing to give Trinity's requested jury instruction regarding the "captain of the ship" doctrine. That instruction provided...I.V. on Diane Nelson, that she give Diane Nelson certain medications for pain, and that she assess fetal heart tones.
In previously discussing the captain-of-the-ship doctrine...subject him to liability for the nurse's actions. Rather, a doctor's liability under the captain-of-the-ship doctrine should attach only where a nurse is under a doctor's direct control, ...