Liability of Physician for NP mistake.

[SouthernGent]

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An individual was declared not guilty by reason of insanity for felony theft of an art piece due to having too much Adderall prescribed to him. Both the defense and prosecution agreed on the ruling, and that his insanity was purely drug induced. All parties also agreed the NP who gave the prescription perpetuated the chain of events. This all being said, who would bear the brunt of any legal rammifications if there were any? Do they fall on the NP or the physician they practice under? Please keep it civil, I know there are strong feelings on NP autonomy.

Article:

http://www.theadvocate.com/new_orle...a248-4baf5aa89ed7.html?sr_source=lift_amplify

It states he was given 60g Adderall daily, but hopefully that was a misprint of 60mg.

 

[Lnsean]

An individual was declared not guilty by reason of insanity for felony theft of an art piece due to having too much Adderall prescribed to him. Both the defense and prosecution agreed on the ruling, and that his insanity was purely drug induced. All parties also agreed the NP who gave the prescription perpetuated the chain of events. This all being said, who would bear the brunt of any legal rammifications if there were any? Do they fall on the NP or the physician they practice under? Please keep it civil, I know there are strong feelings on NP autonomy.

Article:

http://www.theadvocate.com/new_orle...a248-4baf5aa89ed7.html?sr_source=lift_amplify

It states he was given 60g Adderall daily, but hopefully that was a misprint of 60mg.

This is scary...how is a prescriber responsible for the actions of others? Side effects are a given with any medication...we can't monitor everyone at all times for all things.

 

[Tenk]

This is scary...how is a prescriber responsible for the actions of others? Side effects are a given with any medication...we can't monitor everyone at all times for all things.

Welcome to being a physician in America. Enjoy.

 

[Endoxifen]

This is scary...how is a prescriber responsible for the actions of others? Side effects are a given with any medication...we can't monitor everyone at all times for all things.

You're definitely right, unless they made a massive mistake in dosing, or if they ignored the behavior if they meet after the prescription.

Unless there was gross incompetence, I don't think it was anyone's fault.

 

[Lawpy]

An individual was declared not guilty by reason of insanity for felony theft of an art piece due to having too much Adderall prescribed to him. Both the defense and prosecution agreed on the ruling, and that his insanity was purely drug induced. All parties also agreed the NP who gave the prescription perpetuated the chain of events. This all being said, who would bear the brunt of any legal rammifications if there were any? Do they fall on the NP or the physician they practice under? Please keep it civil, I know there are strong feelings on NP autonomy.

Article:

http://www.theadvocate.com/new_orle...a248-4baf5aa89ed7.html?sr_source=lift_amplify

It states he was given 60g Adderall daily, but hopefully that was a misprint of 60mg.

Welcome to being a physician in America. Enjoy.

i'm confused. if NPs want to be autonomous and enjoy the right/privilege to be called a doctor, shouldn't they be held completely liable for malpractice? i don't understand why would the physician be blamed for this?

 

[Tenk]

i'm confused. if NPs want to be autonomous and enjoy the right/privilege to be called a doctor, shouldn't they be held completely liable for malpractice? i don't understand why would the physician be blamed for this?

Because they are an extension of you. Just like how I can get sued if one of my residents does something and I sign off on it. Regarding this case: They didn't list the other medications so this may be justified. Amphetamines can really mess people up if not prescribed correctly. I know because I see meth addicts on a daily basis.

 

[Lawpy]

Because they are an extension of you. Just like how I can get sued if one of my residents does something and I sign off on it. Regarding this case: They didn't list the other medications so this may be justified. Amphetamines can really mess people up if not prescribed correctly. I know because I see meth addicts on a daily basis.

right. that would mean NPs aren't autonomous and their demands for being so don't make any sense, since they would be held to same/comparable liability for malpractice cases, such as bad prescription sign offs. i doubt they would want that.

i was thinking in regions (if any) where NPs are in fact autonomous/independent etc., they are no longer an extension of physicians and thus are held completely liable for malpractice.

 

[Tenk]

right. that would mean NPs aren't autonomous and their demands for being so don't make any sense, since they would be held to same/comparable liability for malpractice cases, such as bad prescription sign offs. i doubt they would want that.

i was thinking in regions (if any) where NPs are in fact autonomous/independent etc., they are no longer an extension of physicians and thus are held completely liable for malpractice.

They are. Google NP malpractice insurance.

 

[SouthernGent]

Because they are an extension of you. Just like how I can get sued if one of my residents does something and I sign off on it. Regarding this case: They didn't list the other medications so this may be justified. Amphetamines can really mess people up if not prescribed correctly. I know because I see meth addicts on a daily basis.

The liability in the chain of command makes sense. I wish there were s pecifics for this case in regards to if a physician oversaw or signed off on anything during this process. I am even more worried about what doors this opens legally if someone commits a violent act while in amedically induced state as a result of an ongoing treatment. If this individual committed a murder, would the healthcare provider still be found as the perpetuater? Dram laws come to mind in this instance.

 

[DrYoda]

Assuming this was an NP working under a physician then yes, the physician is liable. I see all the NP/PA patients where I work and my name and electronic signature is on the chart thus I am liable. Same with residents as someone above mentioned.

 

[mimelim]

I don't understand, why wouldn't you be legally responsible for the actions of your employees just like every other profession or business?

 

[sliceofbread136]

What pharmacy filled that script!?!