In many states, nurse practitioners (NPs) are required to be supervised by physicians: however, twenty-seven states have eliminated the requirement that NPs be supervised by physicians (for example, Kansas (since 2022), New York (since 2022), and Utah (since 2023) no longer require supervision for all or most NPs).

When a physician is responsible for supervising NPs, the physician may be held liable for the medical negligence of a NP even when the physician did not provide negligent medical care themself, under the legal theory of vicarious liability (an employer is liable for the acts of an employee that are performed within the course of their employment; imputed liability holds a person responsible for the actions or liability of others, such as employees).

Common forms of medical negligence where a supervising physician may be held liable for the medical negligence of a NP include:

  • Misdiagnosis;
  • Administering wrong or untimely medication, or not administering medication when required;
  • Errors with medication dosing;
  • Failure to monitor a patient;
  • Failure to follow up with a patient;
  • Failure to refer a patient for necessary medical care or evaluation;
  • Failure to consult with or seek guidance from a supervising physician.

Nurse Practitioner Practice Environments

According to the American Association of Nurse Practitioners:

Full Practice
State practice and licensure laws permit all NPs to evaluate patients; diagnose, order and interpret diagnostic tests; and initiate and manage treatments, including prescribing medications and controlled substances, under the exclusive licensure authority of the state board of nursing. This is the model recommended by the National Academy of Medicine, formerly called the Institute of Medicine, and the National Council of State Boards of Nursing.

Reduced Practice
State practice and licensure laws reduce the ability of NPs to engage in at least one element of NP practice. State law requires a career-long regulated collaborative agreement with another health provider in order for the NP to provide patient care, or it limits the setting of one or more elements of NP practice.

Restricted Practice
State practice and licensure laws restrict the ability of NPs to engage in at least one element of NP practice. State law requires career-long supervision, delegation or team management by another health provider in order for the NP to provide patient care.

The American Association of Nurse Practitioners provides a map showing the NP practice environment in each state.

In summary, not only may a negligent nurse practitioner be held responsible for their medical malpractice, but their supervising physician may also be held responsible for the harm caused by nurse practitioner negligence under the legal theory of vicarious liability.

If you or a loved one may have been injured (or worse) as a result of nurse practitioner medical malpractice in the United States, you should promptly find a medical malpractice attorney in your state who may investigate your nurse practitioner medical malpractice claim for you and represent you or your loved one in a nurse practitioner malpractice case, if appropriate.

Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice lawyers in your U.S. state who may assist you.

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