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Is the doctor liable for the negligent acts of the nurse?

Courts have generally held that a doctor is responsible

for those under his or her supervision during surgery.

In French v. Fischer, a little girl was operated on.

During the course of the surgery, a sponge was

inserted and ultimately left in her abdomen. This

caused damages to the girl, and required a subsequent

surgery to remove the sponge. The trial court found the

doctor and hospital liable, and the Tennessee Court of

Appeals affirmed the trial court's decision. The court

held:

The general rule is that the surgeon is responsible for the acts of all personnel under his direction, control, and supervision, including those staff provided by the hospital. This is often referred to as the "Captain of the Ship Doctrine".

This case applies because the issue of a doctor's

responsibility for the conduct of a nurse is central to

both French v. Fischer and our client's case. In our

case and in French, a patient was operated on, a nurse

allowed a sponge to be left in the abdomen of the

patient, and damages were suffered. French

establishes that such conduct constitutes negligence

on the part of the doctor. Therefore, Dr. Practice will

most likely be found liable for the negligence of his

nurse.