Jerry McCall is an office assistant for Dr. William’s. Jerry has received training as both a medical assistant and Licensed practical nurses (LPN). During the time the receptionist is out to lunch Jerry is covering for her. Jerry is faced with a common problem in the health care field today. Jerry has been asked to call in a refill for Valium to a pharmacy for a patient. This paper will address why Jerry is not qualified to refill any prescription medication. If Jerry is protected if a lawsuit is filled. Jerry’s decision is a tough one, legal and ethical issues and advice will be provided for Jerry’s use.
Jerry has received training as a medical assistant and a LPN and has gained knowledge about prescription drugs. Jerry knows that with his training he is not allowed to refill a prescription medication. Jerry knows that Valium is an addictive drug. Jerry is not allowed to refill this prescription because he is not a medical doctor, dentist, or a psychologist. Jerry has training for a LPN and knows that no matter what type of medication a patient is asking him to refill he is not allowed to. If there are no more refills on the prescription bottle the only thing Jerry can do in this position is to schedule the patient for an appointment with the physician. The patient is asking for a refill for Valium but could also ask for a refill for high blood pressure medication. If the patient has to call because he or she is out of refills on the prescription bottle needs to renew the prescription which can only be done by a medical doctor.
The doctrine of respondent superior is defined that the employer is liable for the employee’s actions (Farlex, INC, 2011). If a lawsuit is filled Jerry may possibly be protected. The reading did not state if Jerry carried his own malpractice insurance or just relayed on his employer’s insurance. If Jerry does have his own malpractice insurance he would know that his insurance will pay an attorney to represent him
References: Davis, T. (8/30/05). Prescription Writing and the PDR Retrieved Friday March 1, 2011from http://www.sh.lsuhsc.edu/fammed/OutpatientManual/PrescripWriting-PDR.htm Declaration of Professional Responsibility (2011) American Medical Association (AMA) Code of Medical Ethics. Retrieved Saturday March 2, 2011 from http://www.ama-assn.org Farlex, INC. (2011). Respondent superior, Retrieved Friday March 1, 2011 from http://legal-dictionary.thefreedictionary.com/Respondeat+superior Mackay, T. (2006-2009). Worried About a Malpractice Lawsuit? The Board of Nurses Should Worry You More. Retrieved Friday March 1, 2011from http://www.healthlicensedefense.com/WorriedAboutaMalpractice McGraw Hill Science and Technology Dictionary:(2011) Medical ethics, Non-Maleficence, primum non nocere. Retrieved Sunday March 3, 2011 from http://www.answers.com/topic/medical-ethics