Nebraska law generally defines "malpractice" as: "Malpractice or professional negligence shall mean that, in rendering professional services, a health care provider has failed to use the ordinary and reasonable care, skill, and knowledge ordinarily possessed and used under like circumstances by members of his profession engaged in a similar practice in his or in similar localities." For a patient to have a claim for medical malpractice, the health care provider's medical services has to have caused the patient injuries and damages. An assistant forging a doctor's signature would not be considered malpractice assuming no harmful act occurred to the patient as a result of the forgery. For example, if a doctor asked her assistant to sign her name to a report, the patient would not have been harmed. If the assistant's forgery caused health insurance benefits not to be paid then it still likely would not be a malpractice claim but a patient would still likely have a claim against the assistant and doctor. An assistant's forgery is likely unethical and could subject the assistant and possibly the doctor to discipline by Nebraska's Department of Health and Human Services depending on the circumstances and reasons why the signature was forged.
Answered on Oct 03rd, 2012 at 12:24 AM