Posted in: | Feb 21,2025
Medical malpractice is a term no one wants to encounter, especially when it involves the people we trust with our healthcare. While doctors are often the focus of malpractice claims, other healthcare providers, such as nurse practitioners (NPs) and physician assistants (PAs), also carry significant responsibilities in patient care. Understanding what medical malpractice in nursing (by NPs and PAs) looks like, your rights as a patient in Indiana, and the steps you can take to seek justice can empower you to move forward with confidence and clarity.
Recognizing Medical Malpractice
Identifying malpractice can feel challenging, but recognizing common signs helps clarify whether negligence occurred. In a review of medical malpractice lawsuits involving nurse practitioners and physician assistants, Mayo Clinic Alix School of Medicine researchers found a diagnostic error was the most common type of nursing and PA negligence. Nursing malpractice often involves:
- A missed or delayed diagnosis that worsens a condition.
- Receiving the wrong medication or dosage for your condition.
- Suffering complications from a procedure that could have been avoided.
- Inadequate care as a result of ignoring or dismissing your concerns.
When any of these situations result in harm, you may have a valid malpractice claim.
What Legally Constitutes Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. This standard of care refers to the level of competence that reasonably skilled professionals with similar training would provide under comparable circumstances. In cases involving NPs and PAs, Indiana law outlines their scope of practice and professional responsibilities, making it easier to identify negligence when they deviate from these standards.
The Role of Nurse Practitioners and Physician Assistants in Indiana
In Indiana, NPs and PAs play a necessary role in healthcare delivery. As registered nurses with advanced training, nurse practitioners can diagnose and treat illnesses, prescribe medications, and manage patient care under collaborative agreements with physicians. Physician assistants work under the supervision of doctors but handle many similar responsibilities, such as diagnosing illnesses, prescribing treatments, and assisting in surgeries.
Despite their training, NPs and PAs must operate within the boundaries of their professional scope and consult supervising physicians when necessary. If they exceed these limits or fail to act appropriately, their actions—or lack of action—can lead to patient harm and legal liability.
Who’s Liable for Malpractice in Nursing?
When malpractice or negligence occurs at the hands of a nurse practitioner (NP) or physician assistant (PA), determining liability can involve multiple parties. Being familiar with who may be liable can help your case. By identifying all responsible parties—for example, the individual provider, their supervisor, a facility, or a staffing company—you will give your attorney the information needed to conduct a thorough investigation. Malpractice claims aren’t always straightforward, so knowing who might be at fault ensures that you pursue all available avenues for recovery.
The Nurse Practitioner or Physician Assistant
The NP or PA who made the error is often primarily responsible for the malpractice. If their actions or omissions—such as prescribing the wrong medication or failing to diagnose a condition—directly cause harm, they can be held individually liable. By holding the provider accountable, you can highlight the specific mistakes that led to your injury and ensure that similar errors don’t happen to other patients.
The Supervising Professional
In Indiana, NPs and PAs typically operate under the supervision of a licensed physician or other senior healthcare provider. If the supervising professional fails to provide adequate oversight or guidance, they may share liability for the malpractice. For example, if a supervising physician failed to review a critical diagnostic decision, they could be partially responsible for the harm. Identifying this responsibility ensures that all individuals who contributed to the incident can be held accountable.
Healthcare Facilities
Hospitals, clinics, and other healthcare facilities also have a duty to provide safe environments for patients. If a facility neglects its role in overseeing staff, enforcing protocols, or providing proper training, it could share liability for malpractice. For example, a clinic allowing undertrained staff to treat patients without adequate supervision may be responsible for resulting harm. Including facilities in your claim may uncover systemic issues that contributed to your injury, potentially leading to broader changes that improve patient safety.
Nursing Management Companies and Providers
Third-party staffing companies that hire and place NPs and PAs may also play a role in malpractice cases. If these companies fail to properly screen, train, or oversee their staff, their negligence could contribute to the harm you suffered. Holding them accountable ensures that companies prioritizing profit over patient safety face consequences.
Steps to Take If You Suspect Malpractice
If you suspect that a nurse practitioner or physician assistant caused harm through negligence, take these steps to protect your rights:
- Seek a Second Opinion: Consult another healthcare provider to assess your condition and confirm whether improper care contributed to the harm.
- Gather Evidence: Collect all relevant medical records, prescriptions, treatment plans, and communications with the provider.
- Document Your Experience: Write a detailed account of the events, including dates, symptoms, treatments, and any conversations with the provider.
- Contact a Medical Malpractice Attorney: Indiana laws governing malpractice claims include specific steps, such as a review by a medical panel. An attorney can guide you through this process and help build a strong case.
Empowering Your Recovery: Taking the Next Step After Medical Malpractice
Cases involving malpractice by nurse practitioners and physician assistants require a deep understanding of medical intricacies and legal complexities. While it isn’t always easy to pinpoint who is at fault in these cases, an experienced medical malpractice attorney can help uncover the facts and advocate for your rights. With more than 40 years of experience and a licensed physician on staff, Montross Miller has a well-earned reputation for navigating complex medical malpractice cases. If you or a loved one have been harmed by negligence or medical malpractice involving a nurse practitioner or physician assistant, contact us for a confidential, complimentary, and no-obligation case evaluation. We’ll assess the facts, answer your questions, and guide you through every step of the legal process with compassion and expertise.
