Wednesday, May 6, 2020

Ethics Case Study free essay sample

Ethics Case Study Catherine Bumgarner HCS/335 July 24, 2011 James Dockins Abstract Jerry McCall is a Licensed Practical Nurse in Dr William’s office. In addition to being an LPN, he is also trained as a medical assistant. Jerry is handling the phone calls for the receptionist while she is at lunch. One of Dr. William’s patients calls and asks for a refill on his prescription of valium. No one is in the office but Jerry. This paper will determine if Jerry’s medical training qualifies him to refill this drug order, it will identify major legal and ethical issues that may affect Jerry’s decision. It will identify problem solving methods that could be helpful in making ethical decisions. Jerry McCall LPN Ethics Case Study Jerry’s medical training as a licensed practical nurse and medical assistant does not qualify him to refill the valium order. Each state has its own board of nursing and each board of nursing has defined a scope of practice for health care professionals. We will write a custom essay sample on Ethics Case Study or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In most states the LPN is cannot practice independently and must be supervised by a registered nurse or a physician (Texas department of aging and disability services,  2010). If Jerry issues the refill order he would be practicing independently and that is out of an LPN’s scope of practice. It does not matter what type of medication is being prescribed, prescribing medications is considered practicing medicine and that can only be done by a physician. Jerry would not be protected under the respondeat superior doctrine: Under the principle of respondeat superior, an employer is liable for the acts of the employee within the scope of employment. What this means for physicians is that they are liable for negligent actions of the employees working for them. When a physician delegates certain duties to staff employees the ultimate liability for the correct performance of these duties rests with the physician ( Fremgen, 2009, p. 58-59). Jerry did not have the physician’s authorization to refill the prescription of valium, and even if he did in most states both the physician, and the employee may be liable (Fremgen, 2009). My advice to Jerry would be to tell the patient that he is sorry but under penalty of the law he cannot authorize the refill of the valium without the physician’s permission. The major ethical and legal issues that may affect Jerry’s decision is that it is illegal for a LPN to prescribe any medication, and this could be considered practicing medicine and Jerry does not have a medical license. He could be sued by the medial board for malpractice and lose his LPN license. He could also be putting the physician at risk for a lawsuit under the respondeat superior doctrine. While Jerry may feel empathy for the patient’s situation the legal issues far outweigh the feelings of empathy he may have. The nurse’s code of ethics states that a nurse must practice within the scope of practice as described by the State Board of Nursing in which he or she practices (ANA, 2011). Jerry should know the scope of practice of an LPN and medical assistant and should review the code of ethics set forth by the American Nurses Association and review these guidelines before making any ethical decision he is faced with. Conclusion Jerry as an LPN or medical assistant does not have the authority to refill the prescription of valium for the patient, to do so would be considered practicing medicine and Jerry could be sued for malpractice. He could also be putting his employer at risk for a lawsuit as well, as employers are ultimately responsible for his or her employee’s actions. Jerry must make himself familiar with the scope of practice as an LPN, and the code of ethics for nurses, to ensure he makes the correct decision for the patient and himself. References ANA. (2011). Code of Ethics for Nurses. Retrieved from http://www. nursingworld. org/MainMenuCategories/EthicsStandards/CodeofEthicsforNur ses. aspx Blais, K. K. , Hayes, J. S. , Kozier, B. , Erb, G. , (2006). Professional nursing practice concepts And perspectives (5th ed. ). Upper Saddle River, NJ: Pearson. Texas department of aging and disability

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