Question: Do you think that courts should still be enforcing the Captain of the Ship and the Borrowed Servant doctrines today? Are there situations in which

  1. Do you think that courts should still be enforcing the Captain of the Ship and the Borrowed Servant doctrines today? Are there situations in which the physician should be held liable for the negligence of subordinates automatically (i.e., as a matter of strict liability)?
  2. Do you think Clinical Practice Guidelines will be an effective tool for getting physicians to reduce the amount of negative Defensive Medicine that they now practice because of anxiety about malpractice litigation and liability?

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