Good question. Let me just tell you that I am a practicing anesthesiologist. About 3 years out.
There are 4 things you need for a case in most states to constitute malpractice.
1. Doctor patient relationship(Duty)
2. Reasonable(not excellent) standard of care
3. Proximate Cause
4. Permanent or long term damages
All people taking part in the care of the patient are liable for actions performed in there. In other words lets say the patient has an iodine allergy and the OR nurse overlooks it when he preps and the patient ends up with a permanent injury. Guess what you will be liable. That case I described in my previous post, you will be liable at least partially even though it was the surgeon who caused the injury. Why you may ask?
Malpractice cases are almost never about obtaining any kind of justice or punishing a doctor. It is about $$money$$.
Therefor, the approach most plaintive attorneys take is to sue anyone and everyone involved in the case. Even the med student who might have just stuck his head in for 20 min to see what was going on will usually be named. They usually won't follow through because again they usualy have no money. One of my collegues was sued for something that happened about 12 hours after the case. He was not contacted or even in the building when the event happened. Why? because he does have money. He was dropped from the case but after 8 years 12 depositions. Think about money lost from not doing cases and personal lawyer fees inc malpractice insurance.
Therefore being a control freak often helps you in the long run in the OR.
My fees this past year were about $10K for $1/$2 mil. I've never been sued (knock on wood)
The last thing I wanted to say is that most cases these days defendent Doctors do not settle. Especially in questionable cases. Reason is that settling only 1) encourages more suits (by enterprising plaintive attorneys) 2) raises insurance rates. because your defending lawyers will be hired by your malpractice insurance carrier they will not settle easily. This makes cases last typically for many years.
Additional info: most common type of event causing suits according to ASA closed claims study is bovie burns.
Most states have passed reform laws that limit non-economic damages to a ceiling. economic damages are funds lost from potential earnings. non-economic damages are pain and suffering defined by the courts usually. This is a good thing.
This is of course the case of all doctors not just us.
Most people who practice good safe medicine will not have to deal with this all that much. So good luck and be careful out there.
Sorry for the long post