Liability for Nursing Negligence in the Operating Room

A few courts have developed flexible views and have held that a servant can serve two masters, thus holding the physician and employer jointly and severally liable for the same act, but this view is not widely recognized. See, e.g., Willinger v. Mercy Catholic Medical Center, 362 A.2d 280 (Pa. App. 1976) (nurse-anesthetist under supervision of anesthesiologist failed to monitor properly the administration of anesthesia; hospital and anesthesiologist were held liable).

327 F.2d 42 (3d Cir. 1964).

180 Cal. Rptr. 152 (Cal. App. 1982) [hereinafter referred to as Truhitte].

Id. at 160 (citations omitted).

Id. at 157, quoting Marsh v. Tilley Steel Co., 162 Cal. Rptr. 320, 323-24 (Cal. 1980) (citations omitted).

Truhitte , supra note 3, at 157. 7. 433 N.E.2d 593(Ohio 1982).

Id. at 595 (citations omitted).

Id. (citations omitted).