Legal Question in Civil Litigation in California

Examined by nurse posing as doctor

I made an appt to be seen by a doctor at a family practice clinic. Once in the exam room, a man entered wearing a lab jacket with the doctor's name on it. In the pocket of the jacket was an engraved notepad with the doctor's name on it. I had no reason to suspect he was anyone other than the doctor. During the exam, I was touched and examined as if the man was a doctor. When I discovered the man was not a doctor, I terminated the exam. What do I do about this? It really gives me the creeps to think the imposter could do this so easily. Do I have to ask for ID to make sure this does not happen again? Also, what do I do about this incident?


Asked on 4/17/99, 12:29 pm

1 Answer from Attorneys

Robert E. Drescher Law Offices of Robert E. Drescher

Re: Examined by nurse posing as doctor

The answer to your question depends on a number of factors.

First, was the person a Nurse Practioner or Physicians Assistant?

Did the person identify themselves as a "doctor"?

Where you there for a general physical or some other reason? Are you female?

"How" did the person "touch" you. Are you a memeber of a HMO?

In today's medical society, the use of non-doctors (nurse practioners, physicians assistants, nurse midwives, etc.) is becomming more and more common place.

The reason for their use is that they cost the HMO less in salary and they can perform the mundane tasks

of general physical exams and other "non-technical" tasks not requiring a doctor to perform.

For a more in-depth look at your question, please e-mail me directly.

Robert E. Drescher

Law Offices of Robert E. Drescher

23958 Avenida Crescenta


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Answered on 4/20/99, 9:47 am


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