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In New York, physician’s assistants can face potential legal action. These cases are often associated with a violation of health care standards and laws. They could equate to criminal acts or medical errors. When facing these allegations, the physician’s assistants must act quickly to prevent the loss of their medical license. Raiser and Kennif, PC provide legal assistance for these physician’s assistants today.
Complaints About the Quality of Care Provided
Under new federal laws, physician’s assistants, as well as other medical professionals must provide the highest level of care possible. When complaints are filed, the medical board reviews the circumstances. Typical incidents that lead to a loss are evidence of bedsores, worsening of preventable conditions, and failures to provide humane services. Their findings determine if the nurse failed to provide this duty to the patient.
Examples of Sexual Misconduct
Inappropriate touching, sexual assault, and similar allegations are common offenses in which physician’s assistants are accused. These actions are associated most often to the elderly, comatose patients, and female patients that are unable to protect themselves. During the investigation, rape kits are used and physical examinations are required.
Any physician’s assistant who is accused of these allegations could face serious penalties. These penalties begin with a three-year prison sentence, revocation of their medical license, and registration as a sex offender.
Providing Medical Care While Under the Influence
At any time that a physician’s assistance is under the influence, they are liable for any injuries or medical errors that are produced. If it is discovered that they are intoxicated or under the influence of controlled substances, they could incur criminal charges. This is a criminal act and denotes negligence when a patient receives the wrong treatment or sustains avoidable injuries.
Drug Related Violations
Physician’s assistants administer medications as directed by the attending medical doctor. Common violations associated to legal claims are providing the incorrect medication or dosage, failing to provide any medication, or stealing the patient’s medication for personal use. These violations are also criminal acts. If the patient’s condition worsens due to any of the above-mentioned actions, a medical malpractice lawsuit is likely.
Physical Abuse or Neglect
Physician’s assistants who do not provide high-quality health care could face allegations of abuse or neglect. Elderly patients are at a higher risk of these actions than other patients. If a physician’s assistant is employed at a nursing home, they must assess the patient’s health each day. They must provide information to the attending doctor if emergent conditions arise. A failure to perform these assessments and provide details to the doctor could deem them negligent.
If they physical assault a patient, they are guilty of further crimes. Assisted living facilities are the setting in which abuse or neglect allegations emerge most often. Physical evidence of these allegations is evaluated to determine their origin. If the assistant is found guilty of these actions, they could face criminal penalties and lose their license.
Medical Malpractice Cases Against a Physician’s Assistant
Tests selected by a physician’s assistant could lead to a medical malpractice. For example, if they have access to more accurate tests, they could be deemed negligent if the patient dies. These more accurate tests could identify a life-threatening disease at an earlier stage. If it is proven that the assistant has access to better options, they are held accountable when the patient’s condition becomes fatal.
Equally, if the physician’s assistant refuses a life-saving surgery, they could be deemed accountable for the progression of a life-threatening condition. If the correct treatment is the surgery and they won’t refer the patient to a surgeon, they could face litigation based on these failures. Under the Affordable Healthcare Act, all doctors and physician’s assistants must follow preventative care guidelines.
The guidelines define preventative measures to stop disease development and progression. For example, if the surgical removal of tumors could stop the spread of cancer, the medical professional must provide access to these procedures. A failure to provide this option to the patient allows the patient or their family to file a lawsuit if the patient dies.
In New York, physician’s assistants are held at the same standard as medical doctors. They provide primary care for patients each day in the field. They are responsible for testing and diagnostic care. A failure to provide high-quality health care could lead to a medical malpractice. Physician’s assistants facing litigation or criminal charges contact Raiser and Kennif, PC for legal help now.