Legal Question in Medical Malpractice in Florida

Who is liable if a medical assistant refills a prescription without the doctors authorization and the patient dies? Is this criminal or civil?


Asked on 11/12/09, 5:14 pm

4 Answers from Attorneys

Steven Meyer CPLS, P.A.

There may be a civil claim for damages against the person who refilled the prescription, and possibly against the doctor or others who were supposed to supervise the person. However, there are also issues to be determined as to whether the refilled prescription actually caused the patient's death.

Medical malpractice cases are extremely complicated. We would be happy to discuss the sitaution with you. We offer a free initial consultation.

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Answered on 11/17/09, 5:18 pm
Angelo Marino Angelo Marino Jr. PA

see www.ConsumerLawyerHelp.com for a discussion of what medical malpractice is. Unless the assistant intented to cause harm, it is more likely not criminal.

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Answered on 11/17/09, 8:18 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It is a civil matter.

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Answered on 11/18/09, 9:42 am
Tami Diebel The Plaintiffs Law Firm

It is a civil matter, I agree with my colleagues. I'm actually working on a pharmacy case right now that is similar. Feel free to check out my www.avvo.com profile that has a discussion of damages in a medical malpractice matter, or my website at www.frazierfirm.com.

I am so sorry for your loss. I know there are other issues that could go along with this matter and all of them would need to be discussed and reviewed prior to a law firm accepting the case. Many attorneys will provide a free consultation to discuss the issues. My thoughts and prayers are with you and your family.

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Answered on 11/18/09, 10:38 am


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