Best Law Firms
American Board of Trial Advocates
2010 Street Fighter of The Year Award Finalists
Irish Legal 100
The Best Lawyers in America
Santa Clara County Bar
Super Lawyers
The National Trial Lawyers
California Lawyer
Top One
Santa Clara County Trial Lawyers Association

Becoming Familiar With Your Medical Team From Physician to Medical Assistant

Medical AssistanPlanning for an upcoming surgery can be a very busy and anxious experience. There are arrangements to be made at work and at home. You may also need to undergo preliminary testing, as well as meeting the team of physicians, surgeons, anesthesiologists, nurses and ancillary medical team members before the scheduled surgery date. For the 51.4 million procedures performed on an annual basis, this equates to a vast number of medical teams striving to address medical issues without serious complications or perhaps even instances of medical malpractice.

According to the Institute of Medicine, 98,000 patients die each year as a result of preventable medical errors, and hundreds of thousands more suffer non-fatal injuries. Despite the massive number of medical injuries, medical malpractice lawsuits are relatively uncommon, constituting only three percent of the civil tort caseload.

It is common knowledge that hospitals, physicians, surgeons and nurses can become involved in medical malpractice or wrongful death suits but medical assistants?

Medical Assistant Malpractice

Accusations of a negligent action by a medical assistant also involves the supervising physician, the practice, as well as the medical assistant who may not have performed an assigned duty in conjunction with a level of standard care.

If you are scheduled for surgery, it may be worthwhile to understand this important member of your attending medical team. The California Medical Board summarizes the two classifications of medical assistants, those who are non-certified and those who are certified.

Medical Assistants Without Certification

An unlicensed medical assistant can provide non-invasive routine technical support services while under the direct supervision of a licensed physician, surgeon, podiatrist, physician assistant, nurse practitioner or nurse midwife. When considering this option, a medical assistant gains experience by training in one of two ways:

  • Under Title 16 of the California Code of Regulations Section 1366.3(a)(1), training is provided under the supervision of a licensed medical professional; or
  • Under Section 1366.3(a)(2), training can be obtained through an accredited secondary, post-secondary or adult education program.
Medical Assistants With Certification

For the medical assistant seeking certification under California Code of Regulations Section 1366.3(c)(1)(2)(3), a qualified medical assistant must meet specific qualifications and pass an examination proctored by a certifying organization.

All members of an attending medical team are vital. As a trusting society, we often take for granted that we will receive the finest of medical care by all participating members of this team. In the event you feel a mistake or negligent action is the direct consequence at the hands of either a certified or noncertified medical assistant, contact the experienced San Jose medical malpractice attorneys of Corsiglia, McMahon & Allard, L.L.P. Our legal team will research your allegations and provide sound legal advice as to how you can move forward in the healing process, both physically and legally.

Client Reviews
My experience with Attorney Brad Corsiglia during my recent medical malpractice case was nothing short of amazing given the very stressful circumstances. I was fortunate to find Brad highly recommended from a mutual contact and from the very beginning of the process, Brad was truly engaged and knowledgeable in understanding my case and providing input on what avenues were available to me. Michelle M.