Legal Question in Legal Ethics in New Mexico

civil or criminal?

lets say i was a medical assistant, meaning i have no license to give out prescriptions. My physician was out of the office and a regular called and explained they were in pain. i gave in and called in a refill on pain killers for that patient, that patient then was delivered to the emergency room and later died in ICU. would this be a criminal or civil case?


Asked on 11/16/08, 6:40 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: civil or criminal?

It could be both. Criminal for the unauthorized script, and civil for wrongful death.

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Answered on 11/16/08, 7:40 pm


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