Ethics Case Study
Sandra Childers
HCS/335
January 16, 2012
Patricia Tobin. PhD, LCSW

Ethics Case Study
This paper discusses the dilemma of Jerry McCall. Jerry, office assistant of Dr. Williams, is a trained medical assistant and Licensed Practical Nurse (LPN). While covering the front desk while the receptionist was out to lunch, a patient and friend of Dr. Williams calls requesting a refill order for Valium. The friend is taking a trip by plane and takes the Valium when he flies. There are questions that arise from this scenario. Is Jerry qualified to fulfill this request? If the refill was for a different medication such as blood pressure medication would it make a difference? What are the legal ramifications should there be any harmful reactions? Does the doctrine of respondeat superior protect Jerry from any lawsuits? The answers to these questions are discussed within this paper.
As a medical assistant Jerry McCall is trained to perform administrative and medical duties to maintain the smooth operation of the healthcare facility. He reports to the office manager and the physician, as he goes about performing his duties. Medical assistants are not physician’s assistants and do not have the training that a physician’s assistant has to examine, diagnose, and treat patients. As a medical assistant the administrative duties include updating and filing medical records, complete insurance claim forms, set up hospital admissions and lab appointments. When acting as an office assistant answering the phone and greeting patients, he also has the ability to schedule appointments, and preform clerical duties (Medical Assistants, 2008).
Though Jerry McCall is trained as a medical assistant, he cannot however honor the request of Dr. Williams’s friend. The law states that he does not have the authority to prescribe a medication, hand out sample drugs, or authorize the refill of a prescription. If the refill were for blood pressure medication the same would hold true. Jerry’s training allows him to do wound care, take vitals, give injections under the guidance of a physician, and monitor patients with catheters and on oxygen in a hospital setting. However under the supervision of the physician, he can instruct patients concerning their medications and/or special diets, prepare and administer medications, authorize prescription refills, telephone new prescriptions to a pharmacy, draw blood, ready patients for x-rays (Bureau of Labor Statistics, U.S. Department of Labor, 2011).
Though Jerry does not have the authority to contact the pharmacy concerning the refill, if the opposite were true and he did submit the refill request and the patient/friend had a reaction to the medication and filed suit against the facility. According to Fremgen (2009), “Under the principle of respondeat superior, an employer is liable for the acts of the employee within the scope of the employment.”(p. 58) When a physician assigns an employee, be it nurse, physician’s assistant, medical assistant to do a task, the liability for the correct implementation of the assigned task falls on the physician. In the event that a suit is filed and awarded to the plaintiff the physician is held liable along with the employee (Fremgen, 2009).
The legal and ethical responsibilities of the medical assistant are the same as they would be for any others employed in caring for the health of the public, the responsibilities of confidentiality and respect for privacy. Providing the best possible services and follow the rules of ethics set by the American Association of Medical Assistant (eHow.com, 2011). Jerry must follow not only the guidelines set forth by the AAMA which mandates what he can and cannot do as a medical assistant, but he also has to follow the code of ethics that obtain to his being a LPN.
In order of Jerry to come to some sort of conclusion to the request of the patient and friend of Dr. Williams, Jerry should contain the doctor concerning the prescription refill for Valium, to determine what he should or should not do. After having a conversation with Dr. Williams, he should follow whatever solution that was decided upon by the doctor. After conferring with Dr. Williams, Jerry should relay the conversation to the patient/friend who is requesting the refill.

References
Bureau of Labor Statistics, U.S. Department of Labor. (2011). Occupational Outlook Handbook, 2010-11 Edition, Medical Assistants. Retrieved from http://www.bls.gov/oco/ocos164.htm
Fremgen, B. (2009). Medical Law and Ethics (3rd ed.). Upper Saddle River, NJ: Pearson Education, Inc.
Medical Assistants. (2008). California Job Journal, 26(1143), 7. eHow.com. (2011). The Legal & Ethical Responsibilities of the Medical Assistant. Retrieved from http://www.ehow.com/info_8701387_legal-ethical-responsibilities-medical-assistant.html#jxzzljmzsiPWS