Friday, September 18, 2015

Managing Legal Risks Tied to the Growth in Nurse Practitioners and Physician Assistants

More non- physicians are offering medical care than ever before. Often the first caregiver an patient sees during a doctor visit isn't an actual physician. The growth in nurse practitioners and physician assistants indicates a growth in both their duties as well as their numbers. Midlevel providers can be quite a benefit to doctors, relieving them of some of their workload, however, it also increases legal risks. Doctors should understand those risks in order to mitigate them.

The Academy of Physician Assistants measures 85,000 certified physician assistants in the U.S. This represents a more than 100 percent increase in the last a decade. Nurse practitioners are also rising with over 155,000 nationwide, up 28-percent since 2003 according to The American Academy for Nurse Practitioners.

PAs may prescribe drugs but must function underneath the supervision of a doctor. NPs can practice, but must have a formal arrangement with a doctor. Health costs can be reduced by the additional work performed by midlevels, however, the legal risks are increased.

The most common lawsuits seen by midlevel providers are inadequate supervision, or practicing beyond the scope of training. Courts have ruled that the midlevel can be an agent of the physician, who can be held liable for neglect through vicarious liability even if he or she never saw or examined the individual. Physicians have to be conscious of the degree of supervision essential to retain a low liability risk.

To learn more about the legal risks associated with physician assistants and nurse practitioners, contact us!

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