So, Can Medical Assistants Working Under the Doctor's "Umbrella" be Sued, or Not?

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Laws that Govern the Medical Assistant Professional

Many medical assistants are under the wrong impression that if there are no laws that govern the medical assistant in their state, there are no liabilities. Nothing could be further from the truth! It cannot be said often enough: although medical assistants are dependent practitioners, who work under the direct supervision of the physician, or a non-physician licensed practitioner, it does not exonerate them from direct liability.

It is NOT TRUE that Medical Assistants Cannot be Sued - In Fact, Medical Assistants Can and Are Being Sued!

Many medical assistants are under the impression that if there are no laws that govern the medical assistant in their state, there are no laws. Most State laws don't specify what clinical duties medical assistants can perform, but anything beyond basic “low level” tasks—such as taking patient vital signs—can be questioned.

What does this mean for medical assistants? It means, always be sure to practice only skills that you have been taught, and are clearly within your scope of practice, never act on your own without a doctor present, don't give specific medical advice, nor attempt to practice medicine without a license. Last but not least, make sure you carry your own professional malpractice and liability insurance policy, often provided at a group rate by your certification sponsor.

How a Medical Malpractice Law Suit Works

Listen in as Gerry Oginski, an experienced medical malpractice, wrongful death, and personal injury lawyer practicing law in Brooklyn, Bronx, Queens, Manhattan, Staten Island, Long Island, Nassau & Suffolk explains.

Responsibility for Own Actions

Under the USA laws and policies, any person who believes that they have a case can sue anybody. Even if the accused is completely innocent, it can cost thousands of dollars in legal fees to defend this innocence, and completely wipe the person out, emotionally and financially. For instance, if a medical assistant gives an injection, and accidentally hits a nerve, the patient may sue for pain and losses caused by the accident (for example, cost of medical treatment, or lost income during time off work).

Each, and every employed healthcare professional, even though the doctor, or supervising health care practitioner might be in charge, can be held directly responsible for their own negligent acts! Since malpractice is defined as "the negligent act of a person with specialized training and education", it clearly includes medical assistants.

In one very interesting report Attorney Neil Lieberman, ESQ invited to comment on the issues of respondeat superior states that it creates legal issues that trap medical personnel, but since these cases are handled on a contingent basis, lawyers may be reluctant to sue people with a strong defense. 

Invited Commentary by Neil Lieberman, ESQ
Read: Emergency Medicine, Nov. 2002 EMU PDF