Legal Question in Medical Malpractice in Missouri

If a medical assistant gives calls in medication over the phone without the doctors consent and the patient dies is this a criminal or civil case or criminal and is it a misdemeanor or felony


Asked on 9/01/09, 11:05 pm

1 Answer from Attorneys

James Manning James Manning, PC

The state could bring a criminal case if it finds probable cause that a law has been violated. There could also be a civil case brought by the survivors of the deceased. Criminal cases deal with the defendant's liberty. Civil cases pertain to obtaining compensation for damages. The same fact pattern can give rise to both a civil and a criminal case. I hope this helps. I can discuss this further with you if you would like.

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Answered on 9/02/09, 11:23 am


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