It's definitely a civil case, for the family of the deceased patient.  If the medication was negligently prescribed -- or if the failure to make sure the doctor knew about the prescription had something to do with the patient's death -- then a court might find malpractice.A criminal prosecution would not help the victim's family.  In many states, health care professionals like Physician's Assistants or Nurse Practitioners, which are specific licensed occupations, are allowed to prescribe some medications.  But if someone who didn't have legal permission to do that called in a prescription, without being told to do so by the doctor (or another properly licensed person), that might be a criminal offense.