Can a doctor he held liable for a medical assistant calling contained by a prescription short their education?
The situation is this a long time patient calls the dr's office and is complaining of weakening pain in her neck, the doctor is at a conference and won't be hindmost until later that afternoon. The patient claims the pain is so desperate she can't handle it anymore so the MA pages the doctor, but still cannot reach him. In the train the MA retrieved her medical file and called a script in to the pharmacy for equal medication and strength that she took in the past without the doctors fluency. A few hours later the patient went to the ER within what was termed anaphylactic shock and later died. Is the doctor liable and what is the punishment??
Answers:
No, the doctor is not liable, as he/she have no knowledge of what the MA did.
The MA is guilty of practicing medicine without a license. She should own advised the patient to go to an ER if the doctor cold not be reach. (Nobody ever died from pain. They do die from pain medications, though, and the doctor may own wanted to examine the patient before prescribing any medication)
It's an interesting interview, but I'd think a lot depends on state laws and how perfect the physician's attorney is. Clearly, the MA was practicing without a license, but it may not be that simple. Just as corporate employers are in charge for what happens under the auspices of their company (say, using a work PC for illegal purposes) a physician is ultimately in charge for what happens under the auspices of his partnership or proprietorship. The MA did access and use his professional records and she did so beside his implied consent.
From a liability standpoint, the MA's is more criminal and the physician's would be more civil.
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Answers:
No, the doctor is not liable, as he/she have no knowledge of what the MA did.
The MA is guilty of practicing medicine without a license. She should own advised the patient to go to an ER if the doctor cold not be reach. (Nobody ever died from pain. They do die from pain medications, though, and the doctor may own wanted to examine the patient before prescribing any medication)
It's an interesting interview, but I'd think a lot depends on state laws and how perfect the physician's attorney is. Clearly, the MA was practicing without a license, but it may not be that simple. Just as corporate employers are in charge for what happens under the auspices of their company (say, using a work PC for illegal purposes) a physician is ultimately in charge for what happens under the auspices of his partnership or proprietorship. The MA did access and use his professional records and she did so beside his implied consent.
From a liability standpoint, the MA's is more criminal and the physician's would be more civil.
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