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Individual Ethics Case Study (Jerry Mccall)

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Individual Ethics Case Study (Jerry McCall) Jerry McCall cannot legally or ethically justify refilling the patient’s last minute valium request and by doing so will set himself and his employer (Dr. Williams) up for possible legal and or civil ramifications. Jerry does have several suitable alternative courses of action he can pursue in an effort to solve the patient’s medical dilemma. These types of medicine refill issues occur routinely and it would be surprising if Dr. Williams didn’t have an office procedure already outlined for Jerry to follow, clearly written out in an SOP. Obviously the patient is pressuring Mr. McCall with societal reasons to break the rules and law, which in some communities, especially small towns where everybody tends to know each other or is still in that “good old boy” culture, the subtle threat of strained relations could sway someone in Jerry’s shoes to go against what his training as a Medical Assistant and Licensed Professional Nurse should have clearly and sternly taught him. Under no circumstances should he prescribe or refill medication, especially one that is a controlled substance in a non-life threatening or non-emergency situation. The patient is acting unethical by asking Jerry to do something that is against the law that could land him in jail along with opening up Dr. Williams to civil liabilities under the “doctrine of respondent superior”. Jerry would definitely be found negligent and possibly liable along with Dr. Williams if the patient were to suffer any adverse reactions while taking this medication. Under “respondent superior” the patient and Dr. Williams could both sue Jerry and recent court cases have upheld suits against both the negligent employee along with the liable employer. The patient is morally wrong or extremely naive by asking someone to put their career and livelihood on the line for their supposed friendship with the doctor due to their lack of prior planning. Jerry needs to take the legally correct and morally strong stance by politely attempting to find an acceptable solution such as contacting another physician, one that would normally fill-in while Dr. Williams is on vacation or sick leave. Not a likely solution because nowadays most doctors are hesitant to prescribe a controlled substance without seeing the patient first, and lack of time is an issue in this situation. Pharmacists will sometimes dispense one dosage of a controlled substance if the patient presents the bottle at the originating pharmacy. Jerry could call the patient’s pharmacist, explain the unique situation, and there is the possibility the pharmacist would give one dose. If the patient needed an emergency refill of a medication for a condition such as high blood pressure most states have laws allowing pharmacies to dispense these life enabling medications for short durations with discretion. Jerry does not have this option, but a licensed pharmacist does. For instance “Texas Pharmacy Act, Occupations Code, Subchapter J. Sec. 562.054, Emergency Refills” allows a pharmacist to use “professional judgment” and dispense up to a 72 hour supply as long as the medication is not a Schedule II controlled substance. Valium is a Schedule IV, so possibly a pharmacist would agree to legally dispense enough for a plane round trip if he thought it would “create patient suffering” not to do so. Assisting the patient using the legal latitudes offered to a licensed pharmacist, Jerry would be making a good hearted effort that would save the patient time and energy, regardless of outcome. . Using the “Pharmacy Act” as a solution for this patient would come only after first attempting to follow any office SOPs specifically written for these situations, contacting Dr. Williams or another on-call physician. If Jerry follows this advice he has made a good faith effort helping the patient while refraining from jeopardizing his career along with his and Dr. Williams’ livelihood. The patient was morally wrong to make such a last minute request, especially nowadays with American society and government cracking down on the rampant benzodiazepine and opiate pill abuse. If he goes away mad and has an uncomfortable flight, so be it. Jerry can sleep at night for he broke no legal laws and made the ethically and morally right decisions.

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