Page 25 - APP Collaboration - Assessing the Risk (Part One)

SVMIC Advanced Practice Provider Collaboration: Assessing the Risk

Standard of Care: In a malpractice action, the plaintiff has

the burden of proving by evidence the following: (1) The
recognized standard of acceptable professional practice

in the profession and the specialty thereof, if any, that
the defendant practices in the community in which the

defendant practices or in a similar community at the time
the alleged injury or wrongful action occurred; (2) That the

defendant acted with less than or failed to act with ordinary
and reasonable care in accordance with such standard.

The plaintiff must put on expert proof to establish the

relevant standard of care, its breach, and causation. Keep
in mind, a medical expert’s testimony as to what he or

she would have done under the circumstances does not
establish the standard of care, which is a determination

made by the jury.

Agency Theory: A physician may also have liability

imputed from an APP or other staff used in the physician’s
practice through the theory of agency. The APP acting as an

employee and potentially even as an independent contractor
is said to be an agent of the employer or supervising

physician. There are essentially three legal theories
commonly used to ascribe liability to physicians for errors

from their APPs:

1. Vicarious liability;

2. Negligent supervision; and

3. Negligent hiring.

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