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Captain of Ship Doctrine in Florida Medical Malpractice Cases

Posted by Guy DiMartino | Dec 12, 2012 | 0 Comments

Florida medical malpractice lawyer, Guy S. DiMartino, discusses the captain of ship doctrine in medical malpractice cases.

The captain of the ship doctrine usually applies in surgical negligence cases.  This law realizes that the surgeon controls the operating room and has the final say over the methods and procedures used.  As an example, nurses and surgical techs are employed by the hospital or outpatient surgical facility but they are in the operating suite to assist the surgeon.  Under these circumstances, the surgeon can be responsible for the nurse's or tech's malpractice if following the doctor's direction and lead.  On the other hand, if the nurse's or tech's role is ministerial, like keeping count of sponges or surgical instruments, any negligence along this line would be against the nurse and/or tech.

A surgeon will not be responsible for the negligence of other physicians in the operating suite under the captain of the ship doctrine because these doctors have the prerequisite training and experience and bring their own expertise into the operating room.  As an example, a surgeon would not be responsible for the negligence of anesthesiologist who messed up during a procedure.

If you have any questions about a Florida medical malpractice case or the captain of the ship doctrine, give me a call at (352) 267-9168 or fill out the internet consultation box on the right hand side of the screen.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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