Can Medical Assistants Be Sued?

Please Note: The information contained on this page is provided for information purposes only and should not be considered legal advice, nor is it a substitute or interpretation of regulations established by authorities having jurisdiction over practicing doctors, nurses and their medical assistants in your state. Please contact your State Board of Medical Examiners directly for specific advice, official business, or consult with your attorney. We cannot provide this information to you.

Laws that Govern Medical Assistants in the USA

Many working medical assistants are under the impression that when there are no specific laws and organizations that govern them then there are no liabilities. Nothing could be further from the truth.

It is NOT TRUE that Medical Assistants cannot be sued and held legally responsible for their actions!

The Tex Med Website has put it so well where they state: the term “medical assistant” has no real legal significance. Medical assistants (MAs) are not licensed, certified, or registered by any agency of the State of Texas, nor are they recognized under federal Medicare or Medicaid laws as a species of “provider.” There is no reference to medical assistants in the Medical Practice Act, or any other Texas Statute, thus, there is no specific legal regulation of medical assistants in Texas.

The same applies to many other US States, however, it doesn't mean total absence of laws and regulations for medical assistants. Fact is...

Medical Assistants Can, Have and Will Be Sued If They Cause Harm

 

It cannot be said often enough: although medical assistants are dependent hires working under the employ and direct supervision of the physician, or supervised by a licensed practitioner, or clinician, it does not exonerate them from direct liability, nor protect them from being sued, should anything that causes injury or losses happen to a patient--and not only injury, but any medical assistant who inadvertently oversteps their bounds and scope of practice, e.g. writes and signs a prescription, instead of the doctor, or carries out a full range of physical therapy modalities, which will constitute practicing medicine without a license, to name just one of many possible scenarios, exposes her/himself to a civil fine of at least $10,000 per violation and almost always other severe charges, penalties and consequences.

Many medical assistants falsely believe that if there are no specific laws that regulate the medical assistant profession where they work then there are no laws to be followed.

Most state laws don't specify exactly which duties medical assistants can perform, but anything they do that goes above and beyond basic low level tasks which can be delegated, such as taking patient vital signs, can be questioned in court, should a lawsuit ensue. If a medical assistant makes an error, typically the lawsuit will be filed against the doctor under whom the medical assistant works, however, the medical assistant can also be named in the suit. Listen in as Gerry Oginski, an experienced medical malpractice, wrongful death and personal injury lawyer in and around the New York City vicinity explains.

What does this mean for medical assistants?

It means to always be sure to practice only skills that you have been taught and are clearly within your discipline's scope of practice. Never act on your own without a doctor physically present in the office when providing any type of direct patient health and medical care procedures. Don't independently give any kind of medical advice, don't ever share confidential patient information with other parties unless a valid need to know exists and never venture into territory that can be viewed as "practicing medicine without a license".

Become A Medical Laboratory Assistant (MLA)

Exciting Opportunities in Medical Laboratory Assisting

A Medical Laboratory Assistant (MLA) is another fast growing and in demand career among allied health and medical professions.  Medical laboratory assistants are in demand in hospitals, major medical centers and specialized healthcare offices. Often, people who advance into this very interesting field already have a strong background in medical assisting, or phlebotomy.

MLAs are responsible for assisting phlebotomy technologists and lab technicians in collecting biological samples, operating technical equipment, data input, sterilizing equipment and tools, and maintaining laboratory cleanliness. The exciting thing about assisting in a medical laboratory is that you get invloved in a wide variety of different medical laboratory sciences, including bacteriology, virology, parasitology, immunology, and mycology and automated processes with potential advancement to Medical Laboratory Technician (MLT), or with additional education to department supervisor, laboratory manager, or even laboratory medical director.

Medical Laboratory Requirements

The requirement for most hospitals for MLAs is an associate's degree in laboratory sciences, or an equivalent certificate. The major focus of the curriculum typically lies on chemistry, math, and biology. In addition to on-campus classroom instruction there also are many online courses available for Medical Lab Assistant, however, employers are looking for those who have hands on lab training or experience. Many community colleges and secondary schools offer laboratory training.  

Medical Laboratory Assistant Pay

The pay for a MLA is usually between $15 and $21 per hour.  Of course the pay will vary from state to state and depending on the population and healthcare demand in your area. There are many units, specialties, and sub-specialties in a medical laboratory, ranging from:

• microbiology, which receives almost any clinical specimen, including swabs, feces, urine, blood, sputum, cerebrospinal fluid, synovial fluid, as well as possible infected tissue
• toxicology, which mainly tests for pharmaceutical and recreational drugs
• immunology, which uses the concept of antigen-antibody interaction as a diagnostic tool, genetics, which mainly performs DNA analysis
• surgical pathology, which examines organs, limbs, tumors, fetuses, and other tissues biopsied in surgery such as breast mastectomys
• hematology, and blood specialty labs where whole blood is analyzed for full blood counts, and blood films as well as many other specialized blood tests

These are just a handful of the many different departments and exciting fields in a medical laboratory. If you are  just graduating from high school, or looking for a career that can open doors to bigger and better places in the healthcare industry, then you might want to consider becoming a Medical Laboratory Assistant. 

Medical Assistant Students Frustrated About Medical Coding Expectations

Can These Two CPT Codes Be Billed Together?

Medical assistant students enrolled in medical assistant courses often have difficulties understanding the medical billing claim form and have problems understanding evaluation and management codes. We often hear from frustrated students; many wind up venting on one of our active forums.

A medical assistant student recently posted that her instructor wasn't very helpful while teaching the administrative medical assisting module; she felt the instructor apparently wasn't well versed in the medical billing and coding process herself and therefore was unable to explain the process in a manner that made it clear to the class. The students are frustrated and overwhelmed. Another one posted in the forum: I work for a cardiologist. We are trying to get clarification on the following...

QUESTION:

Can these two codes be billed together if both of these services are performed?

• CPT 93454 (Catheter place in coronary arterty(s) for coronary angiography, imaging supervision, and interpretation.)
• CPT 93458 (with left heart catheterization including intraprocedural injection(s) for left ventriculogy, when performed.

Another question that is often raised in our medical assistant forum is why medical assistant students should have to learn medical coding and billing in the first place, and why it is such an extensive part of the medical assistant certification exams.

I have received emails from frustrated medical assistants who contacted me right after taking their certification exam, where they state that they were totally stumped on the many medical coding questions in the exam. They encountered questions that were multiple choice and asked about specific numeric codes, or modifiers for a given specific diagnosis, or procedure.

Now, ask any medical assistant to give you a specific code without any reference book/manual and he/she would be hard-pressed to give the right one, since there are so many, not to mention specific modifiers. There are codes for evaluation and management from 99201 - 99499, such as 99201 - 99215 for office and other outpatient services; codes for anesthesia from 00100 - 01999, such as 00100 - 00222 for the head; codes for surgery from 10021 - 69990, such as 10021 - 10022 for general, and 60000 - 60699 for the endocrine system, Category II CPT Code(s) – Performance Measurement (optional), Category III CPT Code(s) – Emerging Technology (Category III codes: 0016T - 0207T, to name just a few.

We also heard from a physical therapy instructor who teaches basic medical coding and billing as it pertains to PT because the majority of his students do their own billing and coding, who is equally frustrated at times, not knowing the exact codes and how to apply them.

Do Medical Assistants Really Need Medical Coding Skills?

I can see where medical assistants need to have an idea of medical practice financial management, such as banking deposits, accounting and bookkeeping, dishonored check processing, payroll - and even that is nowadays often outsourced. Nevertheless, in any profession you should get a picture of how the whole kit and caboodle functions to make it run.

I think, as far as medical assistant students are concerned, it is okay to briefly introduce them to the billing and collections process to give them a general understanding of how things work. The medical assisting instructor should also provide commonly used standard forms, such as laboratory requisition slips, which often already have CPT codes already printed on them, a Superbill, health insurance claim forms, medical history, and HCFA-1500 forms for the students to fill out, and practice. This way, they can better address patient questions and communicate with the medical billing and coding staff efficiently should certain issues arise.

However, as far as spending a great amount of time looking up CPT and  ICD-9 codes and drilling billing and coding procedures, and assigning specific codes from memory to procedures, diseases and injuries from memory in final exams, from my perspective as a former working medical assistant and medical assistant program instructor, it seems redundant. In my role as a Certified Medical Assistant (CMA) I was NEVER directly involved in the billing and coding process at the work place, neither were any of my medical assistant colleagues.

In Conclusion (Editorial Commentary):

I believe medical assistant programs who delve too deeply into the medical coding and billing process and expect more than a handful common diagnostic and procedural codes looked up in the CPT-9 manual are using up too much valuable time that could be better spent on practicing telephone manners, appointment scheduling, patient registration, filing procedures, electronic medical record management, calculating adult and pediatric medication dosages, practicing injections, taking vital signs, and drawing blood.

Those who want to embark on a medical coding and billing career, or aim for a medical office management, or hospital administration position can always sign up for an in depth medical coding and billing training program, or in continuing education classes, and workshops to further their medical coding and billing skills to become proficient.