Can Nurse Practitioners Be Sued for Misdiagnosis in PA?

The healthcare landscape in Pennsylvania is rapidly evolving, and with that comes a new wave of legal complexities. One critical shift is the increasing independence of nurse practitioners (NPs). As midlevel providers gain more autonomy—especially in primary and urgent care—patients may interact with NPs more than physicians. But what happens when that care results in a misdiagnosis, delayed treatment, or worse?
If you've suffered harm due to nurse practitioner negligence, you may wonder: can NPs be held legally accountable in the same way as doctors? The short answer: yes. But the legal path is nuanced. This article explores when and how you can file an NP malpractice lawsuit in PA, your legal rights, and what to expect if you're pursuing a midlevel misdiagnosis claim.
The Growing Role—and Legal Responsibility—of NPs in Pennsylvania
Under Pennsylvania law, nurse practitioners (also called Certified Registered Nurse Practitioners or CRNPs) are licensed to diagnose illnesses, prescribe medications, and manage treatment plans. In many rural and suburban areas, they serve as a patient’s primary care provider. As of recent legislative changes, CRNPs can work with minimal physician oversight under collaborative agreements—and some are pushing for full practice authority.
But with greater responsibility comes legal accountability. When an NP fails to recognize symptoms, misinterprets diagnostic tests, or overlooks critical health warnings, the results can be life-altering. The law allows injured patients to sue nurse practitioners for malpractice just as they would any licensed healthcare provider.
Common Examples of Nurse Practitioner Misdiagnosis
Misdiagnosis by an NP may not always result in harm. But when it does, the consequences are often serious. Common scenarios that may form the basis of a legal claim include:
- Failure to diagnose a serious condition (e.g., stroke, cancer, infection)
- Incorrect prescription or contraindicated medication
- Misreading lab tests or imaging results
- Delayed referrals to specialists
- Dismissing patient-reported symptoms
If an NP’s actions fell below the accepted standard of care—and that failure caused or worsened your condition—you may be entitled to compensation for medical costs, lost income, pain and suffering, and long-term damages.
How NP Malpractice Cases Are Handled in PA
In Pennsylvania, NP malpractice lawsuits follow a similar process to physician-related claims. However, there are unique considerations:
Standard of Care: NPs are held to the standard of care of a similarly trained and credentialed nurse practitioner—not a physician.
Collaborative Agreements: If a supervising doctor was supposed to be involved in care but wasn’t, both the NP and physician could be liable.
Facility Liability: If the NP was employed by a hospital or urgent care center, the facility may also be named in the lawsuit.
You’ll need to file a Certificate of Merit, which states that a qualified medical expert believes the NP deviated from standard care. This is a crucial step in validating your claim in Pennsylvania courts.
Could Your Experience Be Grounds for a Malpractice Claim?
Scenario | Was There Harm? | Likely Claim Viability |
---|---|---|
NP failed to order labs for chest pain | Yes – heart attack was missed | Strong |
Incorrect antibiotic prescribed for child | Yes – allergic reaction occurred | Moderate |
NP didn’t refer for mammogram | No harm from delay | Weak |
Routine care led to no issues | No injury or error | None |
Delayed diagnosis of appendicitis | Yes – emergency surgery needed | Strong |
Common Questions About Suing a Nurse Practitioner in Pennsylvania
Can I sue an NP even if they consulted with a physician?
Yes. If the NP was primarily managing your care and a misdiagnosis occurred under their direction, they can be held accountable—even if they consulted a physician in the process.
Is the lawsuit different if the NP works at an urgent care center?
Not necessarily. However, the employer may share liability. Many midlevel misdiagnosis claims involve corporate-owned clinics, which can be included in the suit.
What compensation can I receive from an NP malpractice case?
Depending on your injuries, you may be able to recover:
- Past and future medical bills
- Lost wages
- Pain and suffering
- Costs of long-term care or rehabilitation
How long do I have to file a claim?
In Pennsylvania, the statute of limitations is two years from the date of the injury—or from when you discovered the injury was due to malpractice.
Will a malpractice suit affect my ongoing care?
It shouldn't. Filing a claim is your legal right. If you’re uncomfortable continuing care with the NP or facility, you can request a referral or change providers.
If you believe a nurse practitioner’s error caused you or a loved one serious harm, it's important to act quickly. These cases require medical experts, legal strategy, and deep knowledge of Pennsylvania healthcare laws. At Frischman & Rizza, we stand up for patients harmed by medical negligence—no matter the provider’s title.
Call our Pittsburgh office today at (412) 247-7300 to schedule a free, private consultation and protect your rights.