Who is liable for errors involving drug prescriptions?. Harris Lowry Manton LLP. https://www.hlmlawfirm.com/blog/who-is-liable-for-errors-involving-drug-prescriptions/Links to an external site.
Make a follow-up of a student’s weekly discussion and respond with your opinion regarding to her post
——You don’t have to post this in APA format necessarily, it’s just giving feedback to the student .
Hello Professor and class,
Ethical guidelines ensure patients are safe from harm. Having someone prescribe a medication who is not properly educated on the possible side effects, directions, doses, drug interactions and many other implications is considered unethical. A huge component of prescribing ethically includes examining the patients needs for the current situation in which they are seeking medical help for which was not done in this case study (Duquesne University, 2020). There is also a legal implication due to providers having the responsibility to make informed medical decisions before prescribing medications due to potential side effects, drug interactions etc. If the doctor prescribes the wrong medication, inappropriate dosages, or misinforms about the possible side effects they could be held liable (Harris, 2020). This will clearly affect everyone including the practice. Practicing without a license will presume this care was negligent. If this individual was injured this could justify punitive damages. If this was ruled in favor of, compensation for the harm would be involved as well as additional penalties for deceiving the victim (Suszek, 2023). This would cost the practice in fines as well as diminish their reputation. A medical director is in charge of running the facility, implementing regulations, budgets and many other things. This problem will quickly become their problem when trying to sort out this situation. As for the medical assistant, I am going to discuss the punishment where I live because it can vary depending on state. In Florida this medical assistant is practicing without a license and as a first-time offense this would usually be a first-degree misdemeanor. The penalties for this can include up to one year in jail and up to $1,000 in fines (The Law Place, n.d.).
I clearly do not think this medical assistant was trying to be malicious by her actions. However, she is probably not aware of the implications behind these actions and needs to be educated about what can happen if she does not follow her scope of practice. Therefore, to ensure this does not happen again, everyone needs to be educated about their roles. This is not just directed to medical assistants, but others could be informed how to best utilize them in their practice. It was stated in the case study that this was a busy primary care practice, and management should work to improve the stressful conditions for these workers. They have a lot of different roles and should have the efficient help to get their tasks done but understand exactly what they can and cannot do (Family Medicine, 2022). I also believe something in the computer system would have to be changed. It should not be that easy for someone without the proper education to put in a prescription. I think everyone needs a pin number or password to put in medications for patients.
A leadership quality I would apply is setting ethical standards. Healthcare lacking ethics can have extremely harmful effects on patients lives. Leaders that have built a reputation around integrity can set ethical standards for their team members and influence them to do the same. Another positive change would be having accountability. We all will make mistakes and being accountable for your actions will be favorable for your team. Lastly, applying mentorship is very important, in this circumstance there were many nurse practitioners, and providers that would all be very good leaders. Mentors are able to assess and support others to acquire the necessary skills to exceed in their role (DeVry University, 2022).
Aprns role in Ethical Prescribing: Duquesne University. Duquesne University School of Nursing. (2020, May 20).
https://onlinenursing.duq.edu/blog/aprns-role-responsibility-ethical-prescribing/Links to an external site.
13 key traits for leadership in Healthcare. devry.edu. (2022, February 23). https://www.devry.edu/blog/key-traits-for-leadership-in-healthcare.html#:~:text=Leading%20with%20a%20positive%20attitude,difficulties%20more%20effectively%20and%20productively.
Family Medicine researchers identify most effective practices of medical assistants in the primary care setting, as well as barriers: Family medicine: Michigan medicine. Family Medicine. (2022, June 16). https://medicine.umich.edu/dept/family-medicine/news/archive/202206/family-medicine-researchers-identify-most-effective-practices-medical-assistants-primary-care
Harris, J. R. (2020, April 8).
Who is liable for errors involving drug prescriptions?. Harris Lowry Manton LLP.
https://www.hlmlawfirm.com/blog/who-is-liable-for-errors-involving-drug-prescriptions/Links to an external site.
Suszek, A. (2023, August 8).
Practicing medicine without a license: Criminal & Civil Liability. www.alllaw.com. https://www.alllaw.com/articles/nolo/medical-malpractice/practicing-without-license-criminal-civil-liability.html#:~:text=Laws%20vary%20by%20state%2C%20but,in%20addition%20to%20prison%20sentences.
What are the penalties for practicing without a license in Florida?. What are the penalties for practicing without a license in Florida? – The Law Place. (n.d.). https://www.thelawplace.com/faqs/what-are-the-penalties-for-practicing-without-a-license-in-florida/#:~:text=Fines%20and%20Imprisonment,5%20years%20in%20state%20prison.