Ethics Case Study
Angela Gentile
HCS/335
May 21, 2012
Claudia Unrein

This paper is on an ethics case study, I will first explain the case study, and address why the person involved is not qualified to refill prescription medication. Also does it matter if the medication is on a daily need bases, and will that person be protected from a lawsuit? All these questions will be answered, so let me give you a little background on the case and some definition that might help you understand the circumstances.
“Case Study: Jerry McCall is Dr. Williams’s office assistant. He has received professional training as both a Medical assistant and a LPN. He is handling all the phone calls while the receptionist is at lunch. A patient calls and says he must have a prescription refill for Valium, an antidepressant medication, called in right away to the pharmacy, since he is leaving for the airport in thirty minutes. He says that Dr. Williams is a personal friend and always gives him a small supply of Valium when he has to fly. No one except Jerry is in the office at this time.” (Fremgen (2009) pg.85.
Definitions: “CMA, certified medical assistant, duties are grouped into two categories: administrative and clinical. Work in a variety of healthcare settings including physician’s offices, and clinics. Must graduate from an accredited program and pass a national certification exam.
“LPN, licensed practical nurse, performs some of the same, but not all, tasks as the registered nurse. Must graduate from a recognized one-year program and become licensed by the National Federation of Licensed practical Nurse.
Now That the background is laid out, we can move on and solve the situation. Jerry has his training in medical assistant and LPN, and he has the knowledge about prescription drugs. Jerry also knows that Valium is an addictive drug. “The controlled substances act of 1970 says, drugs that come under the jurisdiction of the controlled drug can be scheduled, unscheduled, or moved from scheduled to another as the need arises.” (Davis, 2005). The drug Valium falls under scheduled II, these are drugs that have a high abuse potential. Jerry knows he cannot refill this prescription, because her is not the doctor, and because it is a schedule II drug, refills and not permitted. By the manual of prescription writing, it states that this drug is prescribed in a emergency situations for example; after surgery, burns, deep cuts, or any injury with a high pain factor.
Jerry needs to pull the patients chart out and look when the last time this was prescribed and to see if there is any question to be aware of the patient’s health. Jerry needs to explain to the patients that he needs to talk to the doctor and explain what the situation is. Jerry needs to tell the patient that he cannot refill the prescription, because he is not a doctor, and that he understands the patient’s situation. Jerry tells the patient that he will call him back with a answer, he is going to find the doctor.
I feel jerry is doing the right thing, and being understanding to the patient’s needs. The question is if a lawsuit is filed will he possibly be protected. “The doctrine of respondent superior is defined that the employer is liable for the employee’s actions.” (Farlex, 2011). Also this case study does not state if Jerry has his own malpractice insurance, if he does his insurance will pay an attorney to represent him before the board of Nursing. (MacKay, 2006).
In conclusion, all health care professionals should practice the law, and learn and respect the law. Laws are put in place to protect the professionals and their patients. To take in consideration that it is important to protect the wellbeing of patients, and to take the time to conduct an adequate evaluation on the patient to ensure no harm will come of it. I thought doctors took an oath to protect and keep the ill alive to exhaust all treatment before there is nothing else they can do. My advice to Jerry is to let the patient know that you talk to the doctor and explained his situation to him. To tell the patient he understands the situation that he is in, and the doctor said;” he will take care of them as soon as possible.”

References

Fremgen, B. PhD. (2009), Medical Law and ethics (3rd Ed.). Upper Saddle River, NJ: Pearson Education.
Davis, T. (8/30/05). Prescription Writing and the PDR. Retrieved: http://www.sh.lsuhsc.edu/fammed/outpatientmanuel/prescripwriting-PDR.htm
Farlex,Inc. ( 2011 ) Respondent Superior, Retrieved: http://legal-dictionary.thefreedictionary.com/respondent+superior
Mackay, T. (2006-2009). Worried About a Malpractice Lawsuit? The Board of Nurses Should Worry You More. Retrieved: http://www.healthlicensedefense.com/worriedaboutmalpractice