Medical law: captain of the ship doctrine: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Medical law: captain of the ship doctrine

Sample item

During an operation a scrub nurse miscounts the swabs and one is left in the abdomen. The surgeon directed the team and was in control of the operating theatre. Which doctrine holds the surgeon responsible for the acts of his team during the operation?

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

A. Captain of the ship doctrine

Under the captain of the ship doctrine, the operating surgeon is in charge of the theatre and answerable for the negligence of those working under his direction during the operation. This is separate from the hospital's own vicarious liability for its employees. A counting system with a documented swab count is the usual protection.

Option by option

  • A. Captain of the ship doctrine (correct)

    Correct. The surgeon is answerable for team members working under his control in theatre.

  • B. Doctrine of double effect

    The doctrine of double effect is an ethical concept about an act with a good and a bad effect.

  • C. Volenti non fit injuria

    Volenti non fit injuria means a person who knowingly accepts a risk cannot sue for it.

  • D. Res judicata

    Res judicata means a matter already decided by a court and cannot be re-argued.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

More Forensic Medicine questions

Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is A, Captain of the ship doctrine. Under the captain of the ship doctrine, the operating surgeon is in charge of the theatre and answerable for the negligence of those working under his direction during the operation.

Why is "Doctrine of double effect" not the answer?

The doctrine of double effect is an ethical concept about an act with a good and a bad effect.

Why is "Volenti non fit injuria" not the answer?

Volenti non fit injuria means a person who knowingly accepts a risk cannot sue for it.

Why is "Res judicata" not the answer?

Res judicata means a matter already decided by a court and cannot be re-argued.

What concept does this question test?

It tests Medical law: captain of the ship doctrine in Forensic Medicine. This is separate from the hospital's own vicarious liability for its employees. A counting system with a documented swab count is the usual protection.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Medical law: captain of the ship doctrine?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.