The Supreme Court of Pennsylvania has held that a trial judge may not direct a jury verdict on the issue of the vicarious liability of an operating surgeon for the negligence of his assistants.
Thomas v. Hutchinson, 442 Pa. 118, 275 A.2d 23 (1971).
Lawrence S. Pope,
Malpractice - Vicarious Liability of an Operating Surgeon,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol10/iss1/15