Physician Assistants

 Here’s an interesting situation I was involved in that affected a physician assistant’s license. The physician assistant was being investigated by the Medical Board of California – the same medical board that regulates medical doctors – regarding accusations of substandard care. While she was acting in her capacity as a mid-level provider, her supervising physician was a D.O.  As such, the medical board was unable to investigate or discipline her supervisor because his license was not under their jurisdiction. Unfortunately for the PA, she took the brunt of the disciplinary process alone, as the supervising physician was able to thumb his nose at the medical board. The supervising physician did not get into any trouble. The PA was placed on probation.

While this is an interesting fact pattern, it is certainly one that will repeat itself over and over again in California. As such, PA’s need to be acutely aware that they may not always be able to claim that their supervising physician approved of their work. 

Whatever the case might be, the reality is PAs often work without proper supervision. Nor can they rely on the defense of “respondeat superior”.  And while mid-levels are not supposed to be held to the same standard that a physician is, the reality is when you are seeing a patient in your capacity as a medical provider and you make decisions that can affect a patient’s life, the distinction between mid-level and physician becomes blurred and the question the medical board will ask is simply “was the PA practicing good medicine?” 

As is the case with any situation involving the licensing board, any investigation or accusation needs to be dealt with head on, methodically, thoroughly, and with careful consideration of every step you take dealing with these situations.

Whatever the case, don’t go it alone. And unlike the vast majority of lawyers who do this type of work, this Lawyer still works in the trenches practicing medicine and supervising mid-levels. I understand the realities of your job, your responsibilities, the standards you are held to and what is expected of you. As such, I have unparalleled insight and understanding into what you do and what you have to deal with.