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If a medical assistant gives a patient the wrong medication and they die would this be a civil or criminal case?
Wiki User
∙ 14y ago
I am going to make several assumptions:
1) The Medical Assistant is a licensed Nurse and legally authorized to administer medication (Registered Nurse - RN) or other nurse.
2) There was no foul play involved. For example, the medical assistant or nurse did not tell (or administer themselves) to the deceased to "double up" on the medication without instruction from the doctor or any other deviation from the medical exam. Or in your question, the "wrong" medication -- was is a deadly form of medication given to the patient with the intent to kill or seriously harm the patient?
There are other assumptions that can be made but lacking foul-play it would be Civil matter and there are thousands of very good malpractice attorneys who all they do is investigate these matters.
However, let's say it was criminal -- this would mean that the police would need to be called in, witnessed interviewed and evidence taken. The police in cooperation with the Criminal Prosecutor (usually District Attorney) may decide that there was foul play or gross negligence made by the medical assistant and therefore could bring charges in a criminal matter. However, you as an individual can not bring criminal charges against someone. You would have to ask the police to investigate it.
Wiki User
∙ 14y ago
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