Physician Not Responsible for Negligence of Advanced Nurse Practitioner Absent Direct Supervision of Care in Question

Harper v. Hippensteel, (2013 Ind. App. Lexis 462 Sept. 25, 2013)

Plaintiff brought a medical negligence case against an advanced practice nurse and physician who had entered into a collaborative practice agreement for prescriptive authority. The trial court granted summary judgment to the physician before the case was presented to the Medical Review Panel. The trial court concluded that the physician did not owe a duty to the patient, because no physician/patient relationship existed between the physician and the patient. The Indiana Court of Appeals agreed that the fact that the physician never saw the patient, spoke to the patient or conferred with the advanced practice nurse regarding the patient's care established the absence of a physician/patient relationship in this case. The Court of Appeals also concluded that neither the advanced practice nursing statute nor the terms of the collaborative practice agreement created liability for the physician in the absence of facts demonstrating that the physician was actually involved in the treatment and decisions concerning the particular patient. Thus, the Court of Appeals upheld summary judgment in the favor of the physician, leaving the patient with only a claim against the advanced practice nurse.