Legal Question in Medical Malpractice in Pennsylvania
Civil or Criminal Case?
Let's say a patient calls in complaining of pain and needs some meds. The doctors out of the office and the medical assistant is not able to reach him. So the medical assistant decides to call in the perscription. She feels comfortable in doing this, because it is a med the doctor has given her in the past.
Later that day the patien is in the ER having what appears to be anaphylactic reaction. She was found to be in respiratory failure and was intubated. She later dies.
Is this a Civil or Criminal Case and why?
3 Answers from Attorneys
Re: Civil or Criminal Case?
From the facts you provide, it would be unlikely, but not impossible, for a drug which a patient has taken in the past to cause fatal anaphylaxis.
This is my opinion only, so if you believe that there is a medical malpractice case, I urge you to contact malpractice attorneys as soon as possible.
When you do contact a malpractice attorney, please be prepared to present details, not hypotheticals.
I have no comment on your speculation as to a criminal violation.
Re: Civil or Criminal Case?
The perscription was improperly given. Whether a civil action exists depends upon whether there was in fact any relationship between the order and the respiratory arrest leading to death. also important is the dose administered and the sypmtoms for which the med was given. the arrest could be due to an over dose of that drug or some other drug. Autopsy and drug screens may be critical.
You should consult a lawyer experienced in malpractice cases.
Re: Civil or Criminal Case?
The perscription was improperly given. Whether a civil action exists depends upon whether there was in fact any relationship between the order and the respiratory arrest leading to death. also important is the dose administered and the sypmtoms for which the med was given. the arrest could be due to an over dose of that drug or some other drug. Autopsy and drug screens may be critical.
You should consult a lawyer experienced in malpractice cases.
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