QUESTION

Is it considered malpractice if an assistant forge the doctor’s signature?

Asked on Sep 20th, 2012 on Personal Injury - Florida
More details to this question:
N/A
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9 ANSWERS

Personal Injury Attorney serving Richmond, VA at Blank & Marcus, LLC
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Probably not. What happened as a result of forgery? Did Dr. Give permission?
Answered on Jun 27th, 2013 at 9:34 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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No, Commonly the assistant is authorized to sign the doctor's name. Need details.
Answered on Jun 27th, 2013 at 9:30 PM

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Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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No. You were not harmed.
Answered on Jun 27th, 2013 at 9:30 PM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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Nebraska law generally defines "malpractice" as: "Malpractice or professional negligence shall mean that, in rendering professional services, a health care provider has failed to use the ordinary and reasonable care, skill, and knowledge ordinarily possessed and used under like circumstances by members of his profession engaged in a similar practice in his or in similar localities." For a patient to have a claim for medical malpractice, the health care provider's medical services has to have caused the patient injuries and damages. An assistant forging a doctor's signature would not be considered malpractice assuming no harmful act occurred to the patient as a result of the forgery. For example, if a doctor asked her assistant to sign her name to a report, the patient would not have been harmed. If the assistant's forgery caused health insurance benefits not to be paid then it still likely would not be a malpractice claim but a patient would still likely have a claim against the assistant and doctor. An assistant's forgery is likely unethical and could subject the assistant and possibly the doctor to discipline by Nebraska's Department of Health and Human Services depending on the circumstances and reasons why the signature was forged.
Answered on Oct 03rd, 2012 at 12:24 AM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Usually not.
Answered on Sep 24th, 2012 at 11:18 PM

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Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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No, that is not technically considered malpractice. It is considered fraud, however, if the assistant did not have authority to sign the doctor's name.
Answered on Sep 21st, 2012 at 2:59 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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It would not be malpractice on the part of the dr, it would be forgery perhaps, although many drs authorize their assistants and PAs and nurses to sign certain prescription refills. They often use rubber stamped signatures or metallic stamps. I suspect in this computer age they may authorize computer signatures as well.
Answered on Sep 21st, 2012 at 2:58 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Not unless you suffered damages because you received the wrong medication as a result of that forgery. Otherwise, as the old expression goes, no harm, no foul.
Answered on Sep 21st, 2012 at 2:56 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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No, malpractice is when a physician fails to perform to accepted standards of practice. Physician Assistants are allowed to write prescriptions. I don't think a doctor can authorize someone else to sign his name. This is a regulatory issue.
Answered on Sep 21st, 2012 at 2:56 PM

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