If you have been the victim of medical malpractice that was caused by a professional other than a physician, you may be wondering if you still have a case. Fortunately, the answer to that question is yes. If a nurse, nurse practitioner, physician’s assistant, or nurse’s aide goes against their training and it causes harm or wrongful death, you have a case.
In fact, it’s even possible to sue non-medical professionals for malpractice if they go against their training and cause harm. Here’s what you need to know about filing a lawsuit for malpractice against someone who is not a doctor:
Who will you be suing?
This depends on the circumstances. However, in many cases, you will be able to sue both the individual who committed the malpractice and the practice itself. For instance, if you are injured by a nurse who improperly inserts a needle to draw blood, you could potentially sue both the medical facility where the blood was drawn and the nurse who improperly performed the procedure.
In most cases, it will be the insurance provider for the practice rather than the medical professional who will be paying the lawsuit. That’s because medical professionals and practices are covered by malpractice insurance, which ensures that you will have access to compensation if you win the suit against any medical professional.
When can you sue a non-physician for malpractice?
In order to sue a medical professional for malpractice, you’ll need to prove that they went against their training in a manner that caused you harm. If you are able to prove this, you’ll probably be able to win the malpractice case. In most situations that a medical professional will encounter, there is a protocol of procedures that they must utilize to treat you. If they deviate from this, they open themselves up to a lawsuit if it causes harm.
Can you sue practitioners of alternative medicine?
Alternative medicine practitioners are very limited in their scope of practice. Unfortunately, many of these individuals routinely overstep their limited scope of practice and can end up giving dangerous or even deadly advice.
However, some alternative medicine practitioners can identify themselves as “doctors”, but they are not legally allowed to call themselves an MD. Here’s what naturopaths are legally allowed to do in the state of California:
– Perform a physical examination
– Diagnose certain health problems
– Order lab tests
– Give recommendations for natural remedies
– Prescribe medications, including schedule V, IV, and III under the supervision of an MD or DO.
However, if they do certain things, they are overstepping their scope of practice. Naturopaths are not allowed to do any of the following:
– Identify themselves as physicians
– Interpret diagnostic imaging
– Suture a wound
– Perform grade 5 manipulations
– Practice midwifery (unless they are licensed to do so)
– Hire medical professionals other than naturopaths
While this is the scope of practice for naturopaths, many other alternative medicine practitioners have a more limited scope of practice. In fact, some are not even recognized by the state, and they’re considered to be no different than a layperson as far as the law is concerned.
Why you should hire us for your malpractice lawsuit
Guy Levy is one of the best lawyers in the state of California, and he has had experience working with just about every type of medical malpractice case. That includes cases where someone other than a physician was responsible for causing harm to patients.
Not only that, but our practice offers affordable prices and a thorough evaluation of your case. This can result in a dramatically improved chance of winning. Our practice has gotten excellent reviews from clients, which means that there’s a very good chance that we’ll help you to win your case too.