title: Ultimate doctor liability: a myth of ignorance or myth of control?
abstract: 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.
authors.affiliation: Southern Cross University School of Health and Human Sciences, Australia andrew.cashin@scu.edu.au
authors.forename: Andrew
authors.initials: A
authors.lastname: Cashin
authors.forename: Michael
authors.initials: M
authors.lastname: Carey
authors.forename: Ngaire
authors.initials: N
authors.lastname: Watson
authors.forename: Greg
authors.initials: G
authors.lastname: Clark
authors.forename: Claire
authors.initials: C
authors.lastname: Newman
authors.forename: Cheryl D
authors.initials: CD
authors.lastname: Waters
mesh_terms: D001315:Australia; D032022:Delegation, Professional / Q000331:legislation & jurisprudence*; D004739:England; D005104:Expert Testimony / Q000331:legislation & jurisprudence; D006801:Humans; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence; D019300:Medical Errors / Q000331:legislation & jurisprudence / Q000451:nursing; D009517:New South Wales; D009722:Nurse Practitioners / Q000331:legislation & jurisprudence; D024802:Nurse's Role; D018024:Peer Review, Health Care / Q000331:legislation & jurisprudence; D010819:Physician's Role; D017009:Professional Autonomy; D011787:Quality of Health Care / Q000331:legislation & jurisprudence