Collegian
Volume 16, Issue 3 , Pages 125-129, July 2009

Ultimate doctor liability: A myth of ignorance or myth of control?

  • Andrew Cashin, RN, MHN, NP, Dip App Sci, BHSC, GCert PPT, MN, PhD, FACMHN

      Affiliations

    • Southern Cross University school of health and human sciences, Australia
    • Corresponding Author InformationCorresponding author. Tel.: +61 02 6620 3156; fax: +61 02 6620 3307.
    • ,
  • Michael Carey, BA (Hons), MA, PhD, Grad Dip Legal Studies

      Affiliations

    • The University of Technology Sydney, Faculty of Nursing, Midwifery and Health, Australia
    • ,
  • Ngaire Watson, RN, BHSc (N), PGDip (MHN), MA (PAnStud), LLB, MRCNA

      Affiliations

    • Barrister 4 St James Hall, 169 Phillip Street, Sydney, Australia
    • ,
  • Greg Clark, RPN, NP, MHN, BHSc (MHN), MN (AdvPrac), MN (NursPrac), FACMHN

      Affiliations

    • Adolescent Mental Health, Sydney South West Area Mental Health Service, Australia
    • ,
  • Claire Newman, RN, Dip MH Nurs

      Affiliations

    • New South Wales Justice Health, Australia
    • ,
  • Cheryl D. Waters, RN, BSci (Hon), PhD

      Affiliations

    • The University of Technology Sydney, Faculty of Nursing, Midwifery and Health, Australia

Received 4 September 2008; received in revised form 22 June 2009; accepted 24 June 2009. published online 12 August 2009.

Summary 

Ultimate medical doctor responsibility for the care delivered to patients by all professionals is a myth. Legally Lord Denning dismissed the myth in the mid-20th century in England. The assumption that a medical doctor is responsible for the care delivered by nurses has not existed in English and Australian law since that time, and it has been actively refuted. Yet it is a myth that continues to circulate influencing health service, state and federal health policy. For some it is a myth of ignorance and for others it is a means of control. This paper outlines the relevant case law to debunk the myth of ultimate medical doctor control.

Keywords: Nurse liability, Medical liability, Vicarious liability, Nursing indemnity

 

PII: S1322-7696(09)00062-6

doi:10.1016/j.colegn.2009.06.003

Collegian
Volume 16, Issue 3 , Pages 125-129, July 2009

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