If the M.A. is following the doctor's orders, the doctor is liable. If the M.A. ordered the wrong presricption, despite the doctor's orders. the MA is liable and the Doctor could be liable for the wronful act/ negligence of the M.A. This would be a civil action under negligence, wronngful death and medical malpratice.



This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding.

The Dr. is liable for the negligence of his employees and the medical assistant can also be personally liable for their own negligence. You may also find it helpful to review the Legal Guide I have published on Avvo.com which addresses medical malpractice and what it is.



Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. 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. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

This posting is for informational purposes only and does not create an attorney-client relationship.

Under the facts that you have shared, this should definitely be investigated as a civil case. In my experience, it is unusual for such cases to result in criminal prosecution, but this is always considered in the context of investigating the civil case.