The doctrine treats the operating surgeon as in control of the surgical team, imputing the negligence of nurses and other personnel to the surgeon. Most states have abandoned or limited it.
Modern practice recognizes independent professional responsibility.
Alternative Names:
Captain of the Ship, Surgeon Control Doctrine
Why it Matters?
Abandonment reflects the reality that operating room personnel exercise independent professional judgment and are supervised by their own employers, which most jurisdictions now recognize. Where the doctrine survives it applies to matters actually within the surgeon's control rather than all conduct in the room. Nursing count errors are the recurring context, and allocation between surgeon and hospital is contested regardless of whether the doctrine applies.
Frequently Confused with
Related terms
Frequently asked questions
Why have states abandoned the doctrine?
Where it survives, what is the scope?
