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Common Misconceptions Among Surgeons Named in Malpractice Cases

Common Misconceptions Among Surgeons Named in Malpractice Cases


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by John D. Cassidy, J.D., and M. Kate Welti, R.N., J.D.
Surgeons named in malpractice lawsuits often arrive for their initial meeting at our office certain that, while they personally did not do anything wrong, they are, indeed, liable for the patient?s poor outcome. When we ask why, frequently they will utter the phrase: ?captain of the ship, ? with a forlorn, knowing half-smile. When pressed, they offer that, since they were the principal surgeons at the procedure, whatever went wrong in the operating room was their responsibility.