Medical Assistant's Liability and Malpractice Laws

Is It True Medical Assistants Cannot Be Sued?

Even though medical assistants are employees working under the umbrella of the supervising physician, or licensed healthcare practitioner responsible for the medical assistant's actions, it does NOT mean that the medical assistant cannot be named in individual law suites should mistakes and injury occur.

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Medical Assistants ARE NOT Immune to Law Suites

Each individual practitioner, as well as allied health professional, which includes the medical assistant, is responsible for their own actions. Being that malpractice is defined as "the negligent act of a person with specialized training and education" each one can find themselves being held responsible for their own negligent acts.

Acting under the employ of the doctor does not exonerate medical assistants from direct liability for their mistakes!

Unfortunately, unintended mistakes and errors can happen anywhere! They occur when least expected and some of these unfortunate events may inadvertently cause harm to someone! When this happens in the medical field where people are already vulnerable, they can easily have profound effects on everybody involved.

Failure to Act

Contrary to popular belief you don't have to cause severe injury to a patient to face a serious law suit as a consequence of your actions or failure to act.

Mistakes, oversights, slip-ups, mix-ups, hang-ups (on the phone!) and accidents can happen in a flash ... and turn into a big headache fast!!!

As "little" not following standards of care (omission), as "little" as failing to recognize a need for help (indifference), or as "little" as failing to return a phone call (abandonment) can be reason enough to be held liable in court should any damages occur as a result

Malpractice events place unexpected hardship on families who suddenly find themselves overwhelmed with emotional and financial burdens. Some consequences of a mistake my be temporary, but some victims may be permanently affected by their injuries.

Some may have long-term medical expenses, some may never be able to return to their jobs; yet others may not survive. Nothing is more difficult and painful than losing a loved one, and when the death resulted from someone else's negligence the family's devastation over the loss is doubled.

As a result certain states in the USA are changing the rules. For example, a new provision of Connecticut's Public Act 04-82 requires the Health Department to obtain a listing from the American Association of Medical Assistants (AAMA) of all state residents maintained on AAMA's registry and to make such listing available to the public.

 

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