Skip to main content

Can I sue a Nurse Practitioner for leading me to believe he was a doctor, and giving me medical advice?

Hammond, IN |

From my first appointment up until my 4th I have been seeing a nurse practitioner , who has led me to believe and let me call him doctor . . . I did not see the actual physician in the practice until my 5th appointment . This NP has been giving me medical advice , giving me shots and getting the dr of the facility to write me prescriptions . Which made me wonder from day one . With my new - found knowledge I realize I have only actually seen and spoke to the actual doctor twice and I have been there for Dr's visits 7 times in the past 3 and a half months . I decided to check my " Dr's " credentials today and discovered he is licensed in Indiana as a nurse practitioner , and to top it off his COI is not from where i am going for care . and he is not listed under where I am going for care either . Outrageous

I decided to do my research today due to my scheduling of a history review which was a debacle lasting 2 hours in which they billed my insurance as a dr's visit. But I recorded the entire thing due to the terrible standard of care I had been recieving. the NP gave me medical advice, let me call him doctor, with the reasonable presumption he is a M.D., and he gave me a different diagnosis the past 2 appointments with him. None of which is in my record. I am interested if there is anything criminal going on here to prevent him from hurting others. I have been miserable with no actual treatment or diagnosis for 3 and a half months... doesn't seem right to me.

+ Read More

Attorney answers 7


This is extremely common NP are required to work under the direction of a medical doctor in most states.

Just because a provider is a NP does not mean that they are not qualified, they can prescribe medication and are highly trained.

With the doctor shortage nationally this will be a growing trend. Make it clear that you want to be seen only by medical doctors if that is your preference which may limit the locations and times you can see providers.

I do not see an injury case here.

Good luck.

AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


Best bet is to see a doctor to see if you were misdiagnosed and for treatment.

Only 29% Contingency Fee! Phone: 215-510-6755


Don't see a cause of action here as this is common practice. If you were misdiagnosed NP's carry malpractice insurance and you should file a claim otherwise switch to a doctor's office where only an MD will see you m

Call for a free consultation at 727-937-1400 or visit us on the Web at


In order to have a cause of action for malpractice, you have to be damaged. I do not see a cause of action, here. Perhaps you should talk with the administrator of the health care facility about your concerns.

Mr. Padove is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below. (219) 836 2200


The short answer is no.


Unless you actually suffered damages, there is no cause of action. A nurse practitioner is licensed to give advice, diagnose and treat medical conditions under the supervision of a treating physician. There is nothing in your question that would establish any type of claim for malpractice.

The answers provided are for informational purposes only and shall not be considered legal advice on your specific fact situation. If you would like information specific to your particular fact situation, please feel free to contact me directly.


I would not think so.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer