What happens if a medical assistant makes a mistake, and although unintended, a patient gets hurt. Will they sue the doctor, or the medical assistant working under the doctor's umbrella?
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You may be able to sue both as a Doctors Assistant works under the doctor license and the direction of the doctor with the exception of ( Florida ) they can not do anything without a doctors concenset. That why the doctor carrys malpratice insurance. Contact an attorney know your rights.
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In the State of Florida, IT IS NOT MANDATORY for a physician to carry malpractice insuranxe! They may agree to Mediation instead.
This practice was adopted some years ago to avoid frivilious lawsuits!
Leaves the P.A. in a rather compromised position doesn't it?
meetze94.
Yes if the Doctor is smart he carries Malpractice insurance on hinself and especially if he or she has an assistant working under his or her license as they are liable for there actions. As to the Medical Assistant he only must have a limited knowladge of medicene and only has to attend a limited amount of schooling and mot medical school as a doctor does but a PA does not. Now as for as the nurseing Assistant he or she is covered under the doctors license only if she or he treats the patient by her self and is unattended As most in Florida are Registered nurse practictioners which are alloued to pratice. But some doctors post a bond af $250,000 thinking that is all that is necessary but assuming the law suit is $ 600,000 then he is short the amount. Most above board doctors carry malpratice insurance to cover there back side but then again we have more fly by night doctors than you can count here today gone tomorrow.
If you are a certified medical assistant, a good source to ask questions is to your organization or the AAMA. Their web site give alot of good information on such questions. Check it out: wwwaama-ntl.org The doctor is responsible for the actions of the medical assistant(s) that they hire with that job description.
It is always the doctor's responsibility to look after his medical assistant and to also be held liable for any malpractice that occurred, either intentionally or unintentionally done. There are still procedures to follow but if you want to be educated about this type of issue, it would be best if you sought help from a Civil Rights Lawyer .
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