Now all you aviation lawyers will know that at the point of injury his licence was suspended
Somehow I don't think that thought would be the first on my mind in that situation.
But thinking about this now: In an emergency you can ignore any rule as safety is paramount. This was clearly an emergency so even if the commander, under normal circumstances, would have it's medical suspended due to his alleged injuries (mind you, at that point in time nobody knew the extent of his injuries) he could still be the commander in this emergency situation.
In fact, he could be sued for "flight crew not being on their assigned station at all times". And hanging out the DV window could hardly be called "taking care of physiological duties" or "duties associated with his command". Or does the story tell us that he did s*** his pants while hanging out there? (I know I would.)
Reminds me of that FedEx cargo plane with the madman intent on committing suicide on the jump seat. At some point in time everyone was sufficiently wounded to have their medicals suspended. I think one of the flight crew, because of the sustained injuries, actually lost his medical for good, poor guy. Who could be legally in charge there?
Anyway, I somehow doubt that the flight crew involved in these two incidents spent a week (or how long has this thread been going on) discussing on who would log P1, and for which duration of the flight.