Suing a Physician Assistant or Nurse Practitioner for Malpractice

Medical malpractice is a critical issue that impacts not only physicians but also other healthcare professionals, including Physician Assistants (PAs) and Nurse Practitioners (NPs). In Pennsylvania, PAs and NPs are increasingly integral to healthcare delivery, taking on more responsibility in diagnosing, treating, and managing patient care. As their roles expand, so does the potential for medical errors, leading to legal ramifications.

This comprehensive guide will help you understand the legal landscape surrounding malpractice claims involving PAs and NPs in Pennsylvania. We will cover the legal definitions, liability issues, insurance considerations, common malpractice scenarios, and the steps involved in filing a lawsuit. Whether you are a patient seeking justice or a healthcare professional wanting to understand your risks, this guide will provide valuable insights.

 

Understanding Malpractice for PAs and NPs

Medical malpractice is defined as a healthcare provider’s failure to meet the accepted standard of care, resulting in patient harm. In Pennsylvania, this definition applies equally to physicians, PAs, and NPs. Despite the increasing role of non-physician practitioners in healthcare, the legal standards holding them accountable remain stringent.

What Constitutes Malpractice?

Malpractice occurs when the care provided falls below the accepted medical standard, causing injury or harm to the patient. In the context of PAs and NPs, this may include the following:

Misdiagnosis or Delayed Diagnosis

Failing to correctly identify a medical condition or delaying the diagnosis can result in the progression of a disease or missed treatment opportunities. For example, not recognizing symptoms of a heart attack or failing to follow up on abnormal test results can lead to severe consequences.

Medication Errors

Prescribing the wrong medication, incorrect dosage, or failing to account for drug interactions can be life-threatening. A common scenario involves a PA or NP prescribing antibiotics that a patient is allergic to, leading to an adverse reaction.

Improper Treatment

This includes using the wrong medical techniques or providing treatments that are not medically indicated. An NP performing a complex procedure without proper training or failing to refer a patient to a specialist when needed could be deemed negligent.

Inadequate Supervision

PAs and NPs often work under the supervision of physicians. When a supervising physician fails to provide adequate oversight, or when the PA or NP exceeds their professional boundaries, it can result in errors that are legally actionable.

 

Real-Life Example:

A Physician Assistant in Pennsylvania diagnosed a patient with a common cold despite symptoms indicating pneumonia. The patient’s condition worsened, leading to hospitalization. The lawsuit claimed negligence due to improper diagnosis and inadequate supervision.

 

Legal Liability of PAs and NPs in Pennsylvania

In Pennsylvania, PAs and NPs can be held accountable for malpractice independently, or their supervising physicians and employers can share liability. Understanding the nature of liability is crucial when considering a malpractice claim.

Types of Liability

1. Direct Liability: The PA or NP is directly responsible for the negligence. For example, an NP independently diagnosing a condition incorrectly or a PA improperly administering treatment.
2. Vicarious Liability: The supervising physician or the medical facility may also be liable if the PA or NP was acting within their scope of employment. This typically arises when the practitioner was following standard protocols or acting under direct orders.
3. Employer Liability: Hospitals or clinics may be held liable if they fail to ensure that their staff is properly trained or supervised. This includes ensuring that PAs and NPs operate within their legal scope of practice.

Legal Insight:

Pennsylvania courts evaluate whether the PA or NP acted within their professional competence and whether proper supervision was provided. If found lacking, both the practitioner and their employer could be named in the lawsuit.

 

Filing a Malpractice Lawsuit Against PAs and NPs

Filing a lawsuit can seem daunting, but understanding the steps involved can make the process more manageable.

Steps to Take When Suing for Malpractice

1. Gather Medical Records
   The first and most crucial step is to obtain all medical records related to your care. This documentation will be vital in establishing what occurred and whether there was a deviation from standard medical practices. Request records directly from the healthcare provider or hospital.
2. Consult a Legal Expert
   Engaging a lawyer who specializes in medical malpractice is essential. They will evaluate your case, help determine liability, and guide you through legal procedures. The attorney will also assess whether the damages incurred are significant enough to warrant a lawsuit.
3. File a Complaint
   The complaint must outline the specific acts of negligence and the harm that resulted. Your attorney will draft the legal document, clearly stating how the PA or NP failed in their duty of care.
4. Present Evidence
   Proving malpractice requires robust evidence, including:
   • Medical Records: To establish a timeline of care and identify errors.
   • Expert Testimony: Typically from another PA, NP, or physician who can affirm that the care provided fell below accepted standards.
   • Witness Statements: Statements from healthcare staff or others involved can corroborate your claims.
   • Proof of Damages: Medical bills, loss of income, and other related expenses.
5. Negotiate or Go to Trial
   Many malpractice cases are settled out of court. However, if a settlement cannot be reached, the case may go to trial. Your attorney will present evidence, cross-examine witnesses, and argue the case before a judge or jury.

Statute of Limitations for Medical Negligence in Pennsylvania

In Pennsylvania, the statute of limitations for filing a malpractice lawsuit is generally two years from the date the injury was discovered or should have been discovered. However, there is also a seven-year statute of repose, meaning no lawsuit can be filed more than seven years after the alleged malpractice, regardless of discovery, except in cases involving foreign objects left in the body.

Tip: If you believe you have a case, act promptly. Delays can result in losing your right to seek compensation.

 

Liability and Insurance for Healthcare Providers

Do PAs and NPs Carry Malpractice Insurance?

Yes, in Pennsylvania, PAs and NPs are typically covered under medical malpractice insurance, either individually or through their employer. This insurance helps cover legal fees, settlements, and judgments.

Types of Coverage

1. Individual Coverage: Some practitioners purchase their own policies.
2. Employer-Sponsored Insurance: Coverage provided by the hospital or clinic.
3. Supervisory Coverage: The supervising physician’s insurance may sometimes cover acts performed by a PA or NP.

Insurance Pitfalls

Policies may not cover acts outside the scope of practice or intentional misconduct. Always check the specific terms of the policy.

 

Common Scenarios of Malpractice Involving PAs and NPs

1. Misdiagnosis or Delayed Diagnosis: Leading to worsening of conditions.
2. Medication Errors: Causing severe allergic reactions or side effects.
3. Procedural Errors: Improper techniques during minor surgeries or wound care.
4. Inadequate Documentation: Failing to record critical patient information can weaken defense arguments.

 

Frequently Asked Questions (FAQ) 

Can I sue a Physician Assistant (PA) or Nurse Practitioner (NP) for malpractice in Pennsylvania?
Yes, you can sue a PA or NP for malpractice in Pennsylvania if you believe that their negligence or failure to meet the standard of care caused you harm. PAs and NPs are held to similar legal standards as physicians when it comes to medical malpractice. It is important to demonstrate that the healthcare provider’s actions directly resulted in injury or harm.

What types of errors can lead to malpractice claims against PAs and NPs?
Common errors that can result in malpractice claims include misdiagnosis or delayed diagnosis, medication errors, performing medical procedures without proper supervision, and inadequate follow-up care. Additionally, errors related to record-keeping, patient management, and failure to recognize complications can also lead to legal liability.

What is the statute of limitations for filing a malpractice lawsuit against a PA or NP in Pennsylvania?
In Pennsylvania, you generally have two years from the date the malpractice was discovered or reasonably should have been discovered to file a lawsuit. There is also a seven-year statute of repose, which means that no malpractice claim can be filed more than seven years after the alleged negligent act, regardless of when it was discovered, except in cases involving foreign objects left in the body.

How can I prove that a PA or NP was negligent?
To prove negligence, you must establish four key elements: duty of care, breach of duty, causation, and damages. This means demonstrating that the PA or NP owed you a duty of care, that they breached this duty through an action or omission, that this breach directly caused your injury, and that you suffered damages as a result. Evidence such as medical records, expert testimony, and documentation of your injuries will be crucial in building your case.

What compensation can I receive if I win a malpractice lawsuit?
If your lawsuit is successful, you may receive compensation for economic and non-economic damages. Economic damages typically include medical expenses, rehabilitation costs, lost wages, and future care needs. Non-economic damages may cover pain and suffering, emotional distress, and loss of quality of life. In cases of gross negligence, punitive damages may also be awarded to punish the wrongdoer and deter similar conduct.

 

Contact Matzus Law, LLC Today

If you suspect malpractice by a PA or NP, don’t delay in seeking legal advice. Contact a qualified medical malpractice attorney who understands the complexities of healthcare law in Pennsylvania. Taking prompt action can protect your rights and help secure the compensation you deserve.

Contact Matzus Law, LLC today. Your health and future matter. Don’t face the complexities of a malpractice case alone—get professional legal support now.