Top Class Actions  |  July 22, 2024

Category: Lawsuits to Join

Medical malpractice by an advanced practice provider: Who’s affected?

Nurse practitioner taking blood pressure
(Photo Credit: khuncho24/Shutterstock)

Did you suffer from medical negligence at the hands of an advanced practice provider in Pennsylvania or West Virginia? If so, you may be eligible for a medical malpractice lawsuit investigation.  

Advanced practice providers are licensed healthcare providers who have specialized training and credentials that allow them to perform medical activities typically performed by a physician. Like physicians, advanced practice providers are legally accountable for patient injuries resulting from improper treatment, incorrect diagnosis or failure to meet the standard of care. 

You may be eligible to participate in a medical malpractice lawsuit investigation if you or a family member experienced harm due to the actions of an advanced practice provider such as a(n):

  • Advanced Practice Registered Nurse (APRN)
  • Anesthesiologist Assistant (AA)
  • Certified Nurse-Midwives (CNM)
  • Certified Registered Nurse Anesthetist (CRNA)
  • Clinical Nurse Specialist (CNS)
  • Nurse Practitioners (NP)
  • Physician’s assistants (PA)
  • Other

Do you qualify?

If you were harmed by medical negligence or substandard care due to the treatment you received at the hands of an advanced practice provider, you may be eligible to seek compensation through a medical malpractice lawsuit in West Virginia or Pennsylvania.

Please fill out the form on this page for more information.

What constitutes medical malpractice?

Medical malpractice often occurs when a healthcare professional’s negligence or substandard care results in harm, injury, or death to a patient. This can encompass errors in diagnosis, medication, treatment, or aftercare. 

To establish a valid malpractice claim, you must demonstrate that the provider failed to meet the accepted standard of care, that this failure directly caused injury and that the injury resulted in damages. 

Common medical errors that lead to lawsuits

When seeking medical care, you expect healthcare professionals to provide the highest standard of treatment. Unfortunately, errors can occur, sometimes leading to serious consequences and legal action. These can include:

  • Misdiagnosis or delayed diagnosis
  • Medication errors
  • Surgical errors
  • Birth injuries
  • Other

Can a physician’s assistant, APRN, NP or other advanced practice provider commit medical malpractice?

A patient can pursue legal recourse through a medical malpractice lawsuit if an advanced practice provider fails to meet the requisite standard of care and consequently harms the patient. Successful medical malpractice lawsuits can provide the patient with compensation for current and continued medical costs, lost wages, pain and suffering. 

Lack of appropriate supervision can also lead to medical malpractice. The states of Pennsylvania and West Virginia have established legal statutes that dictate the scope of supervision required for an advanced practice provider. Failure to meet these requirements increases the possibility of misdiagnoses, treatment errors and other lapses in clinical judgment. All of these mistakes could qualify you for a medical malpractice lawsuit. 

What is an advanced practice registered nurse (APRN) vs. a nurse practitioner (NP)?

APRNs play a vital role in the healthcare system. They are registered nurses who obtained advanced education and clinical training. According to the American Nurses Association, their education goes beyond basic nursing degrees. These individuals gain specialized knowledge and skills through graduate-level education and additional clinical hours. Their advanced training allows them to diagnose and treat patients with a high degree of autonomy. 

There are 4 different types of specialization that fall under the heading of advanced practice registered nurses, one of which is nurse practitioners. The other three specializations include certified nurse midwives, clinical nurse specialists and certified registered nurse anesthetists.

Every APRN, including nurse practitioners, completes a master’s degree program. They learn advanced pathophysiology, pharmacology, physical examination techniques and clinical decision-making. In Pennsylvania and West Virginia, they are licensed to independently diagnose medical conditions, order and interpret diagnostic tests and develop treatment plans. However, they require physician supervision to prescribe medications.  

What is a physician’s assistant and how are they different? 

Similar to a nurse practitioner, a physician’s assistant is a highly trained, highly educated medical professional who works to support doctors as they deliver care to patients. These individuals complete a rigorous master’s program in addition to clinic hours. They focus on general medical knowledge, enabling them to practice comprehensive primary care. By comparison, a nurse practitioner’s education program is built around the nursing framework and emphasizes the hands-on care and treatment of the patient. 

A physician’s assistant is only authorized to deliver healthcare with physician oversight, guidance and responsibility. They practice medicine on healthcare teams with supervising physicians who delegate tasks and are ultimately accountable for patient care, safety and outcomes.

Seek help from medical malpractice lawyers in West Virginia and Pennsylvania

If you suffered a personal injury at the hands of an advanced practice provider in West Virginia or Pennsylvania, you may have a legal claim. 

See If You Qualify

Join a medical malpractice lawsuit investigation

By submitting your information, you agree to receive communications from Top Class Actions and to be contacted by an attorney or law firm or their agents to discuss the details of your potential case at no charge to you if you qualify.

After you fill out the form, an attorney(s) or their agent(s) may contact you to discuss your legal rights.

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