Legal Question in Medical Malpractice in California

Respondeat Law/Tort

If a medical assnt. calls in for medication that a patient has been prescribed before, but does so without the Doctors permission, and the patient dies, is that a criminal or civil olawsuit?


Asked on 4/22/09, 3:09 am

4 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: Respondeat Law/Tort

Was the patient a member of your family?

You may email my office to discuss.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 4/22/09, 2:31 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Respondeat Law/Tort

Was the patient a member of your family?

You may email my office to discuss.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Read more
Answered on 4/22/09, 2:32 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Respondeat Law/Tort

If the medical assistant exceeded their express authority, then it may be both a criminal and a civil matter. Contact me directly.

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Answered on 4/22/09, 3:35 pm
Terry A. Nelson Nelson & Lawless

Re: Respondeat Law/Tort

IF there was provable medical injury and damage as a result of an incorrect prescription, then you might have a civil case for malpractice. If so, feel free to contact me if serious about pursuing this.

There's no such thing as a 'criminal lawsuit'. IF the prosecutor feels a crime was committed, then criminal charges would be brought by them against whoever did the 'wrong'.

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Answered on 4/22/09, 5:38 pm


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