Texas Jury Instruction - 3.3 Life Expectancy Of Decedent
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FAQ
Known as the ?captain of the ship doctrine,? California law allows patients who were injured by the medical malpractice or negligence of the operating staff (like a nurse) to file a lawsuit against the lead surgeon if that surgeon was able to prevent and correct the mistake.
Nevada Pattern Jury Instruction 10.09 tells a jury how to award damages in a case of diminished value. The court instructs the jury that if repairs don't fully restore the value of the damaged property, the jury should award the victim the difference between fair market value and the value post repair.
Essentially, this doctrine holds that the surgeon's mere presence in the OR makes him or her legally responsible for everything that happens there, regardless of whether he or she has any ability to control the actions of others.
The captain-of-the-ship doctrine is a special case of the borrowed-servant doctrine that applies in operating rooms. In the operating room, the surgeon, as the captain of the ship, picks the crew and gives all the orders. The surgeon is charged with supervising all members of the operating room team.
The State Bar of Texas produces its own set of model jury charges called Texas Pattern Jury Charges (PJC), which are generally published on a two-year cycle.
The basic format in the Texas Pattern Jury Charges to submit a breach of contract is to ask, as needed, whether the parties had an agreement and whether one or both of the parties failed to comply with the agreement. See PJC 101.1 and 101.2.
The doctrine is a principle of medical-malpractice law, often applied to operating room situations. It holds a clinician liable for the actions of all persons under their control and who are employees of the medical center.
Ingly, the captain of the ship doctrine puts that responsibility onto the surgeon, who is more qualified to ensure that a surgery is mistake free. When mistakes happen, the surgeon has the liability because the surgeon was supposed to supervise and control the procedure.