Medical Ethics Case Study
Who Can Prescribe Medicine?
Does Jerry's medical training qualify him to issue this refill order? Why or why not?
Generally, LPNs and medical assistants are qualified to dispense medication prescribed by a physician ("Medical assistant, 2011). A medical assistant is a trained medical professional who works under the supervision of a board-certified physician ("Medical assistant, 2011). Typically, a medical assistant's work is administrative, but it may also include clinical duties ("Medical assistant, 2011). The administrative duties performed by a medical assistant might include scheduling appointments, maintaining medical records, greeting patients, and such. Clinical duties that may be performed by a medical assistant include taking vital signs, preparing patients for exams, drawing blood, and administering medication ("Medical assistant, 2011)..
In Jerry's case, the medical office includes a receptionist who normally takes telephone calls. This tends to indicate that the office administrative duties may be delegated to the receptionist. But this is not necessarily the case. Regardless, the extent to which Jerry is expected to carry out clinical duties will be determined by the physician for whom he works and Jerry's training and certification. That said, writing a refill for a prescription can only be conducted by someone who has the authority to prescribe medication. Jerry's certification as an LPN and a medical assistant do not qualify him to refill a prescription -- even for a current patient of the supervising physician.
The Nature of Medical Care Provided
Would it make a difference if the medication requested were for control of high blood pressure that the patient critically needs on a daily basis? Why or why not?
Jerry would not be able to prescribe medication -- which is essentially what writing a refill does -- even if the medication being refilled was for a current patient and for medication that had been prescribed by the supervising physician on a long-standing basis. The same stipulations apply under both conditions. Jerry would not be privy to all the information that the physician has due to his...
A definitive risk to the patient exists whenever a medical transition occurs -- even between the best trained physicians -- because communication can never be absolute. Complex decision-making accompanies the act of prescribing medication -- whether it is for a chronic, acute, or functional purpose (as in the case of reducing flying anxiety). Such decision-making is rarely transparent. Most importantly, Jerry is not trained to prescribe medication.
Doctrine of Respondent Superior
If Jerry calls in the refill and the patient has an adverse reaction while flying, is Jerry protected from a lawsuit under the doctrine of respondent superior?
A legal relationship exists between an employee and an employer that is referred to as agency. An employee is considered an agent, and an employer is considered to be a principal. In an employee-employer relationship, there is an assumption that the principal regulates or controls to a degree the behavior of the agent. Based on this assumption, respondeat superior attributes some responsibility for the agent's actions to the principal. Certain qualifications are attached to the notion of respondent superior -- in particular, an agent is only partially entrusted with the business of the employer, and the employee is authorized to act for the employer to the degree that such authority has been granted. The quotidian logistics of carrying out duties and responsibilities -- such as the time, place, and methods of working -- are controlled by the employer. In a principal-agent relationship, an employer can be held liable for injuries caused by an employee during the course of employment. In very general terms, conduct of an employee is considered to be within the scope of employment if it bears some relationship to the work. In the field of medicine, appropriate employee work conduct is determined by circumstances and particular facts. When making decisions about the appropriateness or lawfulness of an employee's conduct, a court will consider such things as job description, licensing and certification, the purpose of actions, work expectations and demands, and the extent to which an occurrence of the…
