Medical Assistant Malpractice Settlements

Our lawyers handling medical malpractice lawsuit against medical assistants in severe injury and wrongful death negligence cases in Maryland

Medical Assistants in a Healthcare Setting

Medical assistants are an important part of the healthcare team and are responsible for a wide range of clinical and administrative tasks. While they work under the supervision of licensed healthcare professionals such as physicians and nurses, medical assistants can still be held liable for medical malpractice.

Medical assistant medical malpractice lawsuits can arise from a variety of situations, such as performing procedures or administering medications without proper training or supervision, failing to properly document patient information, misreading or misinterpreting test results, and failing to adequately communicate with patients or other healthcare providers.

Some common claims in medical assistant malpractice lawsuits include misdiagnosis, medication errors, failure to obtain informed consent, and failure to monitor patients. In many cases, medical assistants are named as co-defendants in malpractice lawsuits along with the supervising physician or healthcare provider.

To avoid medical assistant malpractice lawsuits, it is important for medical assistants to stay up-to-date on their training and follow established protocols and procedures. Clear communication with patients and other healthcare providers is also essential to ensure that patient care is coordinated and effective.

Malpractice Liability of Medical Assistants

Both nurses and medical assistants can be liable for medical malpractice if they are negligent in performing any patient care. If a medical assistant is liable for malpractice the supervising doctor will likely be vicariously liable also, since MAs must work under direct physician supervision. Nurses can be separately and independently liable for medical malpractice, without any involvement of a doctor. If you have been injured by a nurse or medical assistant, contact our team of medical malpractice lawyers in Maryland for a free consultation.

Below we have settlement stories of lawsuits against medical assistants. But, first, let’s talk about medical assistant malpractice and how medical assistants are different from nurses.

As healthcare providers, medical assistants are vital members of any medical team. They have a lot power to make or break a patient’s outcome. So like other healthcare providers, medical assistants can also be held liable for medical malpractice. In this article, we will discuss the various types of lawsuits against medical assistants and the legal implications of these claims.

Our lawyers bring medical malpractice claims against not only doctors but nurses and medical assistants. There is a lot of confusion between the two, some of which have legal implications. This post clears up some of this confusion.

What Is the Difference Between a Registered Nurse and a Medical Assistant?

If you have been injured by the negligence of a nurse or medical assistant, you may be entitled to compensation. Both medical assistants and nurses are considered licensed healthcare professionals, which means that they can be liable for medical malpractice. To hold a nurse or medical assistant liable for malpractice you need to show that they breached the applicable standard of care. The standard of care for a registered nurse will be much different than the standard of care for a medical assistant, so it is important to understand the difference between the two.

Nurses and Medical Assistants Have Different Training and Education Requirements

The primary difference between a nurse and a medical assistant is the level of required education and training. Nurses have much higher education and training requirements compared to medical assistants.

Nurse Education and Training

There are different types of nurses and the educational requirements, training, and licensing standards are different for each type.

LPN: a licensed practical nurse (LPN) is the lowest level in the nursing field. LPN’s are only required to have an associate’s degree in nursing or completion of an accredited nursing certificate program.
RN: the next step up is a registered nurse (RN). Registered nurses are usually required to have at least a 2-year associate’s degree and some states require a 4-year bachelor’s degree. RNs also must take and pass a national nursing exam (NCLEX-RN) to be licensed. RNs can also get board certification in specialty fields.
NP: a nurse practitioner (NP) is at the very top of the nursing food chain. NPs perform most of the same functions as full doctors. To become an NP, you first have to become an RN and then get a master’s degree in nursing. NPs must also take and pass a state licensing exam.

Medical Assistant Education & Training

There are no universal educational or training requirements for medical assistants. Rather, qualifications for medical assistants are determined by individual employers. Some hospitals or healthcare employers may require MAs to have a certificate from an accredited MA training program. These training programs can be anywhere from 9 months to 2 years. The educational focus for MA program differs from nursing in that it focuses more on administrative functions as opposed to medical.

Use of Nurses Versus Medical Assistants in Patient Care

Traditionally, medical assistants were not very common, and they were not often involved in direct patient care. Today, however, the use of medical assistants in direct patient care roles is very common. Medical assistants are less expensive than RNs, which makes them a more cost-effective option in certain healthcare settings. nurse education and training Registered nurses and medical assistants are both capable of performing basic patient care functions in most settings. For inpatient care, this could include assisting with daily functions such as cleaning, changing sheets, disinfecting, feeding, or even wound care. Other patient care duties frequently delegated to either medical assistants or RNs include prepping for diagnostic procedures, gather patient medical records and histories, dispensing medication, and administrative care duties. One key limitation medical assistants is that they are only allowed to provide patient care at the express direction of a doctor. RNs do not have this limitation.

Nurse vs. Medical Assistant Duties and Responsibilities

In addition to the basic patient care described above, medical assistants often perform administrative duties such as answering phones, scheduling, and filing. No matter what job duties they are performing, however, medical assistants are always required to operate under the direct supervision of a licensed doctor or nurse. Registered nurses have their own licenses and do not require direct supervision. This enables RNs to perform a much wider range of duties compared to medical assistants. Nurses can perform medical procedures such as starting an intravenous line or administering more advanced or invasive forms of treatment like chemotherapy. Nurses who specialize in certain fields such as oncology or obstetrics usually perform high-level procedures as a part of their basic job duties.

Medical Assistant Malpractice Verdicts and Settlements

The types of lawsuits against medical assistants can vary widely. One of the most common claims is that a medical assistant provided negligent care. For example, a patient may claim that the medical assistant did not properly clean a wound, leading to an infection. Another common claim is that a medical assistant provided care beyond their scope of practice. This can occur when a medical assistant performs a medical procedure that they are not licensed or trained to perform. This type of lawsuit can be particularly serious, as it can put the patient at risk of injury or death.

Other types of lawsuits against medical assistants – that are outside of our lawyers’ wheelhouse – are related to medical billing or the handling of medical records. In some cases, patients may claim that a medical assistant improperly billed them for services that were not provided. In other cases, patients may claim that a medical assistant mishandled their medical records, resulting in a breach of confidentiality or other negative consequences.

The legal implications of lawsuits against medical assistants can be significant. Medical malpractice lawsuits against medical assistants, as you will see below, can result in as large settlements or verdicts against a medical assistant that you would a doctor. We settled one medical assistant case for nearly $4 million. Because it really does no matter whose negligence it was. The focus is on whether it was negligence and what the scope of the injuries is.

YEAR / STATE

CASE / INJURY SUMMARY

RESULT

2022 – New Jersey

Minor child allegedly suffered burns while under care of hospital. Lawsuit alleged that the burns were the result of nursing malpractice because the nursing staff failed to follow the proper safety protocol. The case settled for $345,000.

$345,000 Settlement

2021 – Pennsylvania

Wrongful death case alleging that 30-year-old male patient died from hyperthyroidism after nurse practitioner negligently failed to provide timely treatment and diagnosis and/or refer him to a specialist. Jury in Philadelphia found in favor of the plaintiffs and awarded $1.6 million.

$1,675,514 Verdict

2020 – New York

Infant allegedly suffered an IV infiltrate injury to her left foot which resulted in tissue necrosis, blistering, swelling, pain and permanent scarring, when an IV was negligently placed in her foot by nurses at hospital. Case alleged negligent care by nurses and settled for $225,000.

$225,000 Settlement

2019 – Indiana

A woman underwent an iron solution injection that was administered by a medical assistant. She was supposed to receive a vitamin B-12 instead. The woman was left patient with discolorations and chronic arm pain. She alleged that the overseeing physician’s negligent supervision contributed to her injuries. The physician admitted negligence but disputed the injuries. A jury awarded the woman $120,000.

$120,000 – Verdict

2018 – South Carolina

An unsupervised medical assistant administered a Tetanus shot to a woman. The woman suffered joint effusion, supraspinatus tendinopathy, a subchondral bone cyst to her shoulder, and arm muscle tears. Her left upper extremity was now permanently impaired. The woman alleged that the medical assistant’s negligence caused these injuries. She also claimed negligent supervision against the urgent care. The jury awarded her a $62,500 verdict.

$62,500 – Verdict

2017 – California

A woman underwent Pap and HPV tests during an OB/GYN visit. The results were abnormal. However, the medical assistant never notified the woman of her results. For several months, the woman experienced lower abdominal cramps and irregular bleeding. The OB/GYN told her that the fibroids and the steroids she was taking caused these issues. A non-party physician diagnosed her with cervical cancer several months later. The woman died shortly after. Her surviving relatives alleged that the medical assistant’s failure to tell her of her test results delayed her cancer diagnosis and treatments. They also claimed the OB/GYN failed to rule out cervical cancer despite her symptoms. This case settled for $700,000.

$700,000 – Settlement

2016 – Georgia

A man underwent a routine physical. The medical assistant drew blood, collecting several vials. She then removed the needle and went to get a bandage. The man became unconscious, fell, and hit his face on the floor. The man suffered a neck injury that left him a quadriplegic. He and his wife alleged that the medical assistant’s negligence caused this. The defense denied liability. They argued that an accident caused the man’s injuries. A jury awarded a $15,490,908 verdict.

$15,000,000 – Verdict

2014 – California

A medical assistant administered a Depo-Provera injection to a 38-year-old woman. They failed to sterilize her arm before the injection. The woman suffered a staph infection. She underwent left shoulder surgery. The woman alleged that the medical assistant’s negligence caused her injury. She also made a vicarious liability claim against the overseeing physician. The defense denied liability. They argued that they provided the appropriate standard of care. A jury ruled in the woman’s favor and awarded her a $180,000 verdict.

$180,000 – Verdict

Medical Assistant Medical Malpractice Lawsuits