Page 21 - Part 1 Collaborating with Advanced Practice Providers - An Overview of State Rules

SVMIC Collaborating with Advanced Practice Providers

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; and (3) As a proximate result of the defendant’s

negligent act or omission, the plaintiff suffered injuries which

would not otherwise have occurred.

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.

Vicarious Liability – Vicarious liability is the liability that a
supervisory party (such as an employer) bears for the actionable

conduct of a subordinate or associate (such as an employee)

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