Page 22 - Part 1 Collaborating with Advanced Practice Providers - An Overview of State Rules

SVMIC Collaborating with Advanced Practice Providers

based on the relationship of the two parties. The employer may
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not be directly involved in the acts alleged for vicarious liability to

attach. This allows for liability for a wrongdoing to be extended

beyond the original wrongdoer to persons who have not

committed a wrong, but on whose behalf the wrongdoers acted.

This provides the plaintiff with additional financially responsible

defendants, who may have greater financial resources than the
original defendant. The working relationship between physicians

and non-physician providers may determine what liability will be

imposed on physicians for the negligence of non-physician

providers working with them. The employer-employee relationship

is the typical relationship between physicians and non-physician
providers. This relationship forms the basis for which the physician

will be deemed vicariously liable for the non-physician provider’s

negligent acts. When the negligence of a subordinate is imputed

to the physician, the physician is said to be vicariously liable.
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Negligent Supervision – A physician may have liability imputed

from an APP or other supervisee, depending on several factors,

including the legal duty of the physician and the control and

responsibility over them. Inappropriate delegation of tasks, limited

supervision or inadequate documentation of supervision may lead

to an allegation of negligent supervision. Negligent supervision
applies when the non-physician provider works under a

supervising physician. Several states require this direct supervision

by statute. State law also determines whether the physician must

13 West, a Thomson Business, BLACK’S LAW DICTIONARY 8th ed. 2004.
14 Feld AD, Moses, R, Physician Liability for Medical Errors of Nonphysician Clinicians: Nurse Practitioners and
Physician Assistants, Am J Gastroenterol 2007;102:6–9

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