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lation. This means the negligence was abundantly clear. Since the
medical assistant doled out healthcare advice without a license, and
every state allows only licensed and educated medical professionals
to treat patients, the assistant automatically broke the law.
Make sure to tell to your medical assistants and those manning the
front desk that they are not to give any medical advice and instead
forward all patient complaints to doctors or other licensed profession-
als in a clear manner. You may even consider giving the front desk a
script of what to say when patients call with complaints or symptoms.
Good communication among patients, providers and the front desk is
imperative.
You should also clearly record this communication chain in your
facility's policies. Since medical malpractice suits rely on the profes-
sion's standard policies and procedures to determine if the provider
did everything "by the book," documenting a clear protocol is
extremely important. In the event that a suit is tried as ordinary negli-
gence instead, having this standard in the books might also help you
avoid liability.
Special rules that protect doctors and other providers against
unsubstantiated suits from patients don't extend to front-desk person-
nel and unlicensed assistants. By ensuring your staff have a clear poli-
cy for communication with patients and are trained properly, you can
help forestall a costly suit while enhancing patients' overall care. OSM
The unlicensed front desk assistant offered the patient
medical advice and never forwarded her concerns to a doctor.
Mr. Stein (astein1@yu.edu) is a professor of law at Cardozo Law School in New York City.
He is published in several leading journals, including Harvard Law Review and Columbia Law Review.
His website (steinmedicalmalpractice.com) covers developments in medical malpractice law.
