Expert Advice When You Need It Most

Can dr. be held liable for a medical assistants actions.

A medical assistant orders a presciption on behalf of a dr. the patient dies can the dr. be held liable for the m.a.'s actions and is this a civil or criminal case.

Save

Attorney answers (4)

Reputation Level 13
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.

Reputation Level 20
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.

Avvo Pro

Reputation Level 8
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.

Reputation Level 9
I am very sorry to hear about your situation. I assume you are referring to a physician's assistant, or other subordinate employee of a physician. The answer to your question is clearly "Yes," especially if they have the ability to prescribe on the physician's behalf.

The Texas Occupational Code, in the Physician Assistant Licensing Act, provides as follows:

Sec. 204.205. REQUIREMENTS FOR SUPERVISING PHYSICIAN. A supervising physician must:

(1) hold an unrestricted and active license as a physician in this state;
(2) notify the medical board of the physician's intent to supervise a physician assistant;
(3) submit to the medical board a statement that the physician will:
(A) supervise the physician assistant according to medical board rule; and
(B) retain professional and legal responsibility for the care provided by the
physician assistant; and
(4) receive approval from the medical board to supervise the physician assistant.

* * *
Sec. 204.207. ASSUMPTION OF PROFESSIONAL LIABILITY.
(a) Each supervising physician retains legal responsibility for a physician assistant's patient care activities, including the provision of care and treatment to a patient in a health care facility.
(b) If a physician assistant is employed by an entity, including a health care facility, the entity shares the legal responsibility for the physician assistant's acts or omissions with the physician assistant's supervising physician.

I hope this answer's your question.

DISCLAIMER: Please know that this answer is being provided to you in response to the limited information contained in your submission and should be considered for informational and/or educational purposes only. This response does not establish any attorney client privilege or relationship between you and me, as a responding attorney, and my post certainly does not attempt to counsel you on any of the pertinent legal facts and/or implications concerning your issue. To fully investigate and determine your legal rights, should you so choose, I recommend that you promptly consult with an attorney of your choosing as time may be of the essence.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now