Example of Answer to Exercise in Legal Analysis

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

Courts have held that a doctor may be liable for the negligent acts of those under direct supervision. In French v. Fischer, a procedure was performed upon a 3 year-old girl. Upon completion of the surgery a nurse accidentally allowed a sponge to remain in the child's abdomen. This resulted in an infection and the need for a second surgery to remove the sponge. The court in that case held the doctor and hospital liable, and the case was affirmed on appeal. The Tennessee Court of Appeals held:

The general rule is that the surgeon is liable for the acts of all personnel under his direction, control, and supervision during the course of the operation, including the employees of the hospital furnished for his assistance. This rule is often referred to as "The Captain of the Ship Doctrine".

French v. Fischer applies to the instant case. In French, a patient suffered damage due to the negligence of a nurse who was under the supervision of a doctor. That doctor was found liable "for the negligent acts of the nurse." In our client's case the same fact pattern exists. Our client went through a surgery by Dr. Practice, a nurse left a sponge in her abdomen, and our client had to undergo a second procedure. According to French, Dr. Practice was the "Captain of the Ship."

Therefore, Dr. Mel Practice will most likely be found liable for the negligence of his nurse.

Note: While in future Segments you will be required to properly cite cases such as French v. Fischer, since you have not yet learned citation form you are not required to do so for this assignment. You are only required to cite the title and underline or italicize it. Examples: French v. Fischer, or French v. Fischer.