Why should a treating physician be held liable for any lack of treatment on the part of the hospital employees? On what basis can such a conclusion be reached? An agency relationship was considered as existing between the parties, making the physician liable for the actions of the hospital employees. He was the "Captain of the Ship," the one in control of the patient's treatment and care. Only he was answerable for resulting injury and death from lack of said treatment. The "Captain" will be held liable for others' negligence where the acts performed by them are under conditions where the physician could have or should have been able to prevent injurious effects and did not.
Irene E. Svete, Physician's Liability for Torts of Hospital Employees, 18 Clev.-Marshall L. Rev. 308 (1969)