Legal Question in Criminal Law in Maryland

I was recently suppended from my job while they investigate whether or not I was writing prescriptions and signing my boss name. The difficult part about this is my boss would give me permission to call in prescriptions for patients as well as write them and sign or stamp his name. Not only was this permitted he would also allow me to write lab orders for patients as well. Grant you I do not have a degree in medicine, I am simply a admin assistant. This was a common practice in the office and other admin assistance would do the same as well. Some assistance would call in prescriptions for one another, as well as verify that the prescription was valid if the pharmacy would call. I am looking at alot of trouble at this point. I think they want to make an example out ot me, but I refuse to go down when others new about these issues as well as participated. There have also been situations where my doctors wife used my name to call in a prescription for him and later told me to verify this if the pharmacy called. Please tell me what I should do in this situation, and If I have any grounds to sue.

Asked on 12/25/10, 1:47 pm

2 Answers from Attorneys

William Welch William L. Welch, III Attorney

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You are walking a tightrope so to speak. You might be prosecuted, if your actions violated the law. Certainly, you would not want to do anything to call attention to what you may have done, and suing your former employer might provoke him or her to report you. Of course, he or she might do so anyway, if he or she is already being prosecuted and seeks a lesser sentence by becoming a cooperator. There may not be any assets from which to recover a wrongful suspension or termination judgement, if the employer is no longer in business either. From a criminal law perspective, it would appear to be a bad idea to sue, even if you would likely win an employment suit. If you are charged with a crime or summoned as a witness, get a lawyer who is experienced in criminal defense.

Answered on 12/30/10, 2:19 pm

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