Many doctors in New York rely on physician assistants to assist them with their busy practices. While physician assistants do not have medical degrees, they nonetheless are bound by a standard of care and are expected to provide patients with adequate treatment. Sadly, though, many physician assistants negligently perform their professional duties, and the patients they treat suffer harm as a result of their recklessness. If you were hurt by inadequate treatment offered by a physician assistant, you may be able to seek compensation in a physician assistant malpractice lawsuit, and you should speak to an attorney promptly. The aggressive Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers have ample experience proving that incompetent healthcare providers should be held responsible for the injuries they cause, and if we represent you, we will advocate aggressively on your behalf. We frequently help people pursue damages in medical malpractice cases in Syracuse, as well as in Rochester and other cities in Upstate New York
Examples of Physician Assistant MalpracticePhysician assistants undertake many duties similar to physicians, including conducting physical examinations, making diagnoses, and administering treatments for various medical conditions. In New York, their work is supervised by licensed physicians, and their care is limited to the scope of their supervising physician's practice. For instance, if the supervising physician specializes in dermatology, the physician assistant cannot provide treatment for non-dermatological issues.
In most cases, the acts that constitute physician assistant malpractice mirror those that would be considered malpractice if committed by a physician. For example, if a physician assistant fails to obtain a patient's complete medical history and subsequently prescribes a medication that is contraindicated, resulting in harm to the patient, this may constitute malpractice. Similarly, a physician assistant overlooking or neglecting concerning symptoms, leading to a delayed or missed diagnosis, may be liable for malpractice. Injuries caused by inappropriate or inadequate treatment, erroneous diagnoses, and treatment delays can also be grounds for a malpractice claim against a physician assistant.
Elements of a Physician Assistant Malpractice CaseUnder New York law, physician assistants are considered healthcare providers and can be held liable for medical malpractice if they provide incompetent medical care. In many instances, the injured party can also pursue claims against the doctor supervising the physician assistant. Typically, a plaintiff in a medical malpractice claim will allege the defendant was negligent. To establish the negligence of a healthcare provider under New York law, the plaintiff has to demonstrate that the defendant owed the plaintiff a duty and that the defendant’s acts or omissions constitute a breach of the duty owed. The duty a physician’s assistant owes a patient is to provide care that complies with what is considered a good and accepted practice of medicine within the applicable community.
The plaintiff then needs to prove that the defendant’s departure from the standard of care caused the plaintiff to suffer actual harm. While the defendant’s behavior does not have to be the sole cause of the plaintiff’s losses, it must be a substantial factor in bringing it about. In most cases, the plaintiff will need to hire a medical expert to offer testimony regarding the standard of care and to explain the ways in which the defendant failed to uphold the standard of care. Expert testimony is also usually required to link the defendant’s acts to the plaintiff’s ultimate harm.
Meet With an Experienced Attorney Representing Parties in Syracuse, Rochester, and Upstate New YorkWhile physician assistants play a crucial role in the healthcare system, oversights and carelessness on their part can lead to significant harm. If you suffered injuries due to a physician assistant’s negligence, you may be entitled to compensation, and it's advisable to consult with an attorney. The experienced Syracuse attorneys of DeFrancisco & Falgiatano Personal Injury Lawyer possess the skills and resources needed to prevail in medical malpractice cases, and if we represent you, we diligently pursue the results you deserve. Our main office is in Syracuse, and we frequently represent parties in medical malpractice cases in Syracuse, Rochester, and other cities throughout Upstate New York. You can contact us through our form online or by calling 833-200-2000 to set up a free and confidential conference.