In the case study from Medical Law and Ethics, Jerry McCAll, Dr. William’s office assistant, faces a dilemma regarding issuing a refill order for a patient’s prescription medication. Let’s address the questions posed:

1. Does Jerry’s medical training qualify him to issue this refill order? Why or why not?

Jerry’s medical training likely does not qualify him to issue refill orders. While he might have some understanding of medical procedures and protocols through his exposure in the medical office, he lacks the comprehensive education and training that licensed medical professionals such as physicians or nurses undergo. Issuing refill orders involves assessing patient health, considering potential drug interactions, and evaluating the necessity of the prescription, which requires specialized medical knowledge.

2. 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?

Even if the medication is critical for the patient’s daily health management, it does not change Jerry’s qualifications to issue the refill order. While the urgency of the situation may seem to justify immediate action, adherence to proper medical protocols and legal standards is essential to ensure patient safety and well-being.

3. 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?

The doctrine of respondent superior holds employers liable for the actions of their employees performed within the scope of their employment. However, since Jerry lacks the necessary qualifications to issue refill orders, his actions may not fall within the scope of his employment. Therefore, Dr. William’s office may not be protected under respondent superior in this scenario.

4. What is your advice to Jerry?

Jerry should refrain from issuing the refill order and instead consult with Dr. Williams or another qualified medical professional. It’s crucial for Jerry to prioritize patient safety and adhere to legal and ethical standards in healthcare practice. Additionally, he should document the patient’s request and his actions, informing Dr. Williams promptly.

5. Identify major legal and ethical issues that may affect Jerry’s decision.

The major legal and ethical issues include:

• Scope of practice: Jerry’s actions may exceed his role and qualifications.
• Patient safety: Issuing prescriptions without proper evaluation can jeopardize patient health.
• Legal liability: Jerry and Dr. Williams’ office may face legal consequences for unauthorized medical practice.
• Duty to disclose: Jerry has a duty to inform Dr. Williams about the patient’s request and his actions.

6. What problem-solving methods might be helpful to assist in making an ethical decision?

Problem-solving methods such as ethical frameworks (e.g., utilitarianism, deontology), consultation with colleagues or supervisors, and ethical decision-making models (e.g., the four-component model) can assist in making an ethical decision. Jerry should consider the potential consequences of his actions, evaluate the ethical principles at stake, and seek guidance from qualified professionals.

In conclusion, Jerry must prioritize patient safety and adhere to legal and ethical standards in healthcare practice. Consulting with Dr. Williams or another qualified medical professional is essential to ensure appropriate patient care and avoid legal liabilities.