Disagreement Between the Ship's Captain (Essay Sample)

Medical errors are a serious issue in today’s healthcare industry. They are classified as the third leading cause of death in the U.S., slightly behind cancer and heart disease. Sword (2019) defines medical errors as the utilization of inappropriate plans to accomplish specific goals or the failure of intended actions to be completed as envisioned. The prevalence of these incidences has resulted in numerous malpractice claims. Accordingly, industry stakeholders have implemented various mechanisms meant to generate and sustain reforms in the sector to enhance the safety and quality of health care. Part of this process should focus on ensuring that practitioners have ample knowledge of legal issues, including their liability for errors that occur in their workplace.
The ‘captain of the ship’ doctrine is among the most misunderstood concepts in medical law. Indeed, Silberman (2016) posits that it has frequently been used to cause fear and anxiety among surgeons to prevent them from working with Certified Registered Nurse Anesthetists (CRNAs) by claiming increased liability. However, the assertion that superior healthcare providers, such as surgeons or obstetricians, are personally liable for all mishaps that may occur during the process of administering care has been discredited. Surgeons may be sued for the negligence of hospital staff under their employment if they become aware of such negligence during the course of ordinary care and fail to prevent harm to patients from that conduct or address the issue through proper channels (Shenoy, Shenoy, & Shenoy, 2021). Surgeons may also be liable when the negligent personnel or subordinates are under a surgeon’s direct control or supervision.
The second scenario derives from the legal concept of vicarious liability, which denotes the liability incurred, derived, or obtained from another entity’s actions or omissions. It is primarily based on the doctrine of respondeat superior, a common law dogma in which employers are responsible for the acts or torts of their employees committed during and within the scope of employment (Shenoy et al., 2021). However, todays health care is increasingly multidisciplinary, with various professionals working together to maximize patient welfare. Each of these providers is an expert in his or her field of practice. Coupled with the growing demand for professional autonomy in healthcare delivery, it appears the ‘captain of the ship’ argument is no longer valid. Specifically, surgeons cannot be held liable for mistakes done by people who are fully independent and highly qualified in their work because they do not directly control their actions.