Texas  |  Health Care Law

Patient calls into office in pain. Dr. is not in nor can he be reached. Medical assistnat calls in a prescription for pain that the Dr. had noted in file. Result, patient

admitted to ER in what appeared to be an anaphylactic reaction. She is found to be in respiratory failure and intubated. Put in ICU and later died. What type of case is this: Civil or Criminal, What kind of tort?