When a case involves care delivered by a physician associate (PA), one of the first decisions counsel faces is who should evaluate that care. Physicians are often the default choice. In many matters, however, a PA expert is the better fit, and in some jurisdictions a same-profession expert may be expected or required.

PAs are a distinct profession

PAs (formerly titled physician assistants) are licensed clinicians who diagnose illness, develop and manage treatment plans, and prescribe medications. They are educated in accredited master's degree programs, certified by the National Commission on Certification of Physician Assistants (NCCPA), and licensed by state boards. According to the American Academy of Physician Associates, there are more than 200,000 PAs practicing in the United States, in nearly every specialty and setting.

PA education, certification, scope of practice, and supervision or collaboration requirements differ from those of physicians. Those differences are often central to the questions in a case.

Questions a PA expert is positioned to address

A PA who trained and practices in the relevant setting can speak directly to:

  • What a reasonable PA in the same circumstances would be expected to do
  • How PA education and certification prepare PAs for the task at issue
  • The scope of practice defined by state law, facility policy, and the practice agreement
  • How supervision or collaboration with physicians typically works in that setting
  • When a PA would be expected to consult, escalate, or transfer care
  • Documentation practices common in that specialty and setting

When a physician expert may also be appropriate

A PA expert does not replace every other expert. Questions about causation, the physician's own conduct, or specialty care outside PA practice may call for a physician or another specialist. In many cases, counsel retains both: a PA to address the PA standard of care and a physician to address other issues.

Jurisdiction matters

Rules about expert qualifications vary by state and by type of case. Some jurisdictions require an expert from the same profession as the defendant, or one who practices in the same or a similar specialty. Counsel should confirm the requirements that apply to their matter before retaining any expert.

Choosing the right PA expert

When evaluating a PA expert, consider:

  1. Specialty and setting. Emergency medicine, urgent care, surgery, and primary care each have different expectations.
  2. Current clinical practice. An expert who still practices can speak to present-day standards.
  3. Certification and licensure. Current NCCPA certification and good standing with a state board.
  4. Objectivity. An expert who reviews the records candidly and will tell you if the care met the standard.
  5. Communication. The ability to explain clinical reasoning clearly in writing and in testimony.

How PA Legal Medicine Experts can help

PA Legal Medicine Experts connects attorneys with board-certified PAs in multiple specialties across the United States. Each expert independently reviews the records and decides whether to accept a case based on its merits. To discuss a matter, submit a case inquiry.

This article is general information for attorneys. It is not legal advice and does not express an opinion on any specific case.