Yes, you can sue a physician assistant for medical malpractice in Louisiana. Like all healthcare providers, PAs are held to a standard of care, and when they deviate from that standard and cause harm, they can be held liable. The supervising physician and the employing healthcare organization may also share responsibility depending on the circumstances.
You trusted someone with your care. They made an error. Now you’re trying to figure out whether what happened to you actually matters in the eyes of the law and who should be held responsible for it.
At Capitelli & Wicker, our medical malpractice attorneys in New Orleans have spent over 30 years helping Louisiana patients navigate exactly these questions. In this blog, we break down the legal considerations involved when a physician assistant is at the center of a malpractice case, including when the supervising physician and the healthcare organization behind them can also be held accountable.
The Role of Physician Assistants
Physician assistants play a crucial role in the healthcare system, working alongside physicians to provide a wide range of medical services. Trained to perform tasks traditionally undertaken by physicians, PAs conduct physical examinations, diagnose illnesses, develop treatment plans, prescribe medications, and even assist in surgery, depending on their specialty and level of experience.
While physician assistants collaborate closely with supervising physicians, they often have a significant degree of autonomy in their day-to-day practice. This autonomy, coupled with the responsibility to deliver high-quality care, means that PAs can be held accountable for their actions and decisions in patient care.
Legal Considerations in Louisiana Medical Malpractice Cases Involving PAs
In medical malpractice cases involving physician assistants, several key legal considerations come into play:
- Like all healthcare providers, PAs are held to a certain standard of care, which requires them to provide treatment that is consistent with the accepted practices within their medical community. Deviating from this standard of care and causing harm to a patient may constitute medical malpractice.
- Physician assistants typically work under the supervision of licensed physicians. In cases where a PA’s actions or decisions lead to patient harm, questions may arise regarding the level of supervision provided by the overseeing physician and whether the physician should also be held liable for the negligence of the PA.
- Understanding the scope of practice outlined by state laws and regulations is essential in assessing the responsibilities and limitations of physician assistants.
Under Louisiana Revised Statute 37:1360.31, a physician assistant is deemed the agent of their supervising physician in the performance of all practice-related activities, including assisting in surgery and the ordering and interpretation of diagnostic and other medical services.
The practice of a physician assistant includes the performance of medical services within the scope of their education, training, and experience, as delegated by the supervising physician. Acting beyond that scope (or performing tasks for which they are not adequately trained and qualified) can increase the risk of medical errors and potential malpractice claims.
Pursuing a Medical Malpractice Claim in New Orleans, Louisiana
If you believe you have been a victim of medical malpractice involving a physician assistant, seeking legal guidance from experienced medical malpractice lawyers in New Orleans is crucial. Choosing a team that is knowledgeable in navigating medical malpractice cases and is willing to fight tooth and nail to achieve the best possible outcome for their client is essential.
When pursuing a medical malpractice claim, your attorney will work diligently to establish:
- Duty of care
- Breach of duty
- Causation
- Damages
Although the Louisiana Medical Malpractice Act caps medical malpractice damages at $500,000, an experienced medical malpractice attorney can provide the representation needed to recover damages for past and future medical expenses.
Medical Malpractice by a Physician Assistant in Louisiana? Capitelli & Wicker Can Help
A physician assistant made an error, and you’re left dealing with the consequences. Whether the PA acted alone, exceeded their scope of practice, or was inadequately supervised, you deserve answers and you deserve representation that knows how to get them.
At Capitelli & Wicker, our New Orleans medical malpractice attorneys have spent over 30 years holding Louisiana healthcare providers accountable, including PAs, supervising physicians, and the institutions behind them. We take on complex cases, and we are always prepared to go to trial. Contact our team or call 504-582-2425.
Frequently Asked Questions About Suing a Physician Assistant for Medical Malpractice in Louisiana
1. Can a physician assistant be sued for medical malpractice in Louisiana?
Yes. Physician assistants are healthcare providers and are held to the same standard of care as other medical professionals. If a PA’s actions or omissions deviate from that standard and cause harm to a patient, they can be held liable for medical malpractice.
2. Can the supervising physician also be held liable for a PA’s mistake?
Yes, in many cases. Because PAs work under the supervision of a licensed physician, the supervising physician may share liability if inadequate oversight contributed to the harm. Louisiana law recognizes PAs as representatives of their supervising physicians during professional activities under RS 37:1360.31.
3. What if the PA acted outside their scope of practice?
Acting beyond the scope of practice, performing tasks for which a PA is not adequately trained or authorized, can strengthen a malpractice claim. Louisiana law defines the limits of a PA’s duties based on their education, training, and the boundaries set by their supervising physician.
4. What do I need to prove in a PA malpractice case in Louisiana?
Your attorney will work to establish four elements: duty of care (the PA owed you a standard of care), breach of duty (they fell below that standard), causation (that breach caused your harm), and damages (you suffered real losses as a result). Expert testimony from qualified medical professionals is typically required.
5. Is there a cap on damages in a PA malpractice case in Louisiana?
Yes. Under the Louisiana Medical Malpractice Act, most malpractice recoveries are capped at $500,000. However, future medical expenses are not subject to that cap and may be recovered separately. An experienced attorney can help you understand what your case may be worth.
6. How long do I have to file a malpractice claim against a physician assistant in Louisiana?
Generally, one year from the date of the negligent act or from when you discovered the error, with a hard three-year outer limit. Before filing a lawsuit, your claim must go through Louisiana’s mandatory medical review panel process. Speak with a medical malpractice attorney as soon as possible.
