What Happens When a Medical Mistake is Made by an Assistant Instead of the Doctor?

Montana law allows patients to seek compensation for medical malpractice when a doctor acts negligently or performs procedures without proper consent. Hospitals and other facilities can also be held liable for injuries to patients in their care.

But what if the negligent act was committed by a medical assistant rather than a physician? An attorney experienced in seeking justice and fair compensation for victims of medical malpractice can help recover from a wide variety of medical professionals, as well as the facilities that employ them and the physicians who supervise them. 

It generally takes substantial investigation to determine the level of care that different professionals should have applied in a particular situation and how the breach of the standard caused actionable harm. This is why it is critical to work with an experienced attorney to achieve a successful outcome in medical malpractice cases.

The Role of Medical Assistants

In cost-conscious health care businesses, many services are performed by assistants who are not paid as highly as the professionals they assist. Despite the label “assistant,” various types of medical assistants are medical professionals in their own right, and many of them have extensive education and experience.

Medical assistants work under the supervision of licensed professionals, but they can be held liable for malpractice because of the responsibilities they are tasked with and the obligations expected of them. They are not always required to be licensed in Montana, but they are regulated by the Board of Medical Examiners.

Direct Liability – Which Medical Professionals Can Be Liable Under the Law?

Section 27-2-205 of the Montana Code allows patients to file a malpractice lawsuit against the following medical professionals:

• Physicians and surgeons
• Physician assistants
• Dentists and dental hygienists
• Registered nurses
• Opticians and optometrists
• Licensed physical therapists
• Podiatrists
• Psychologists
• Osteopaths and chiropractors
• Clinical laboratory analysts and technicians
• Pharmacists

In addition, claims can be brought against hospitals, nursing homes, medical professional corporations, and the administrators who operate the facilities. However, when a physician assistant, nurse, or other professional in a subordinate role is at fault for medical errors, other professionals may also be held liable.

Responsibility of Supervisors

In the medical field, as in many other fields, supervisors delegate tasks to those who rank below them in the hierarchy of the organization that employs them. A medical assistant may only be responsible for their own actions, but many other healthcare professionals can be held responsible not only for their own actions but also for the actions of those below them in the chain of command.

A supervisor could be held liable for

• Delegating tasks that were beyond the experience, skill, or education of the assistant
• Failing to properly train the assistant
• Failing to properly supervise the actions of the assistant  
• Assigning too many tasks with not enough time to complete them, encouraging sloppy conduct

Liability for medical mistakes can involve many different situations. A procedure might be performed improperly. For instance, a medical assistant might not clean a wound properly, allowing the wound to become infected. The professional supervising the assistant should have been aware of the quality of the assistant’s work and the assistant’s knowledge and ability to handle such tasks.

Other examples of medical mistakes include situations where a patient is given the wrong type or dose of medication. Records could be confused so that one patient receives services intended for another while their own medical problem goes untreated. A patient may not be monitored or tested properly. Care plans might not be adjusted appropriately in response to new medical information.

When medical mistakes lead to injuries, a dedicated medical malpractice attorney can investigate to determine what should have happened, what actually happened instead, and which medical professionals can be held liable for harm that occurred as a result of the malpractice.

Medical Malpractice is Complicated, But We Have Decades of Experience

Many personal injury attorneys will not take medical malpractice cases because these cases require a significant investment of time and resources into investigation, and they would rather handle easier cases. Other attorneys may accept malpractice cases, but they lack the experience with medically complex issues and intense litigation to achieve the best result for their clients.

At Ragain & Clark, we understand what it takes to succeed in winning a favorable settlement or verdict for our clients who have been victimized by sloppy medical practices. The insurance company attorneys who defend the medical providers and facilities are extremely skilled at fighting against the claims of victims, but we understand their tactics and how to overcome them.

If you or a loved one were hurt due to mistakes by anyone in the medical field, including a medical assistant, we invite you to schedule a free consultation with us so we can discuss your options for recovery and the ways we may be able to assist. To get started, just call us at 406-651-8888 or contact us online.