It is a common story. A doctor wants to make some "easy" money. He agrees to supervise one or more physicians assistants. The PAs are not employed by his practice. Instead, the PAs own their own practice. The PAs pay the doctor for his time as their "supervising" physician. No problem, just review some files and periodically consult with the PA about an interesting case. The doctor does not even see the patients. In Tennessee, there is an added benefit - the doctor is liable for the PAs malpractice.
Today, physicians assistants and nurse practitioners are setting up their own healthcare practices independent of physicians. All the PA needs is a physician who is willing to "supervise" the practice. For the doctor, this is easy money. The doctor reviews charts and is paid for that review.
As a recent Tennessee Supreme Court case illustrates, the doctor also receives another gift - potential malpractice liability. According to the court, the PA is an "agent" of the supervising physician. Hence, the supervising physician is liable for the PA's malpractice. This liability exists even though the PA is not employed by the physician, and the physician never sees the patient.
There is some good news. The Court emphasized that a PA can only be held to the standard of care applicable to physicians assistants. A PA is not a physician and therefore, cannot be held to the standard of care applicable to doctors.
THE MORAL: As usual, easy money is not always that easy. And, because the PA is not an employee of the practice or of the physician, the doctor's malpractice policy may not cover this malpractice liability.
Melissa Michelle Cox v. M.A. Primary And Urgent Care Clinic et al., No. M2007-01840-SC-R11-CV (Tenn. June 21, 2010)
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