Discuss Ethical and Legal Implications of Prescribing Drugs

Discuss Ethical and Legal Implications of Prescribing Drugs

Drug administration error causes some of the fatal medical accidents that could result in a patient’s death. Policies and legal frameworks exist to reduce the occurrence of such incidences, and other medical errors, through a reporting system. The case scenario involves prescribing medication to a child using the elderly patients’ standards. Several people are often affected and implicated in the chain of the wrong subscription, and it is the patient that is profoundly affected.

Ethical and legal implications for all involved stakeholders

The prescriber occupies the first position in the chain of events involving the administration of medication prescribed according to the standard of an elderly patient. The mistake begins with the prescriber. The error is ethically and legally unjustified. First, the prescriber is fully aware that the patient is a child. Prescribing drugs for a child according to the standard elderly patient places the child at risk of overdoes and exposes the patient to a legal suit. The pharmacist is also liable for compounding the prescriber’s mistake. The pharmacists should have an interest in the patient receiving the medications. It is fundamental to ask and confirm the demographic features of the patient, such as age before prescribing drugs. The patient and the patient’s family have not worked against any ethical or legal principle. Patients trust their physicians and take medications believing the physician to be accurate. They are not professionals. Therefore, the prescriber and the pharmacists are ethical and legally guilty of the wrong prescription.

Strategies to Address Disclosure and Nondisclosure

Medical practitioners recognize the occurrence of medical errors within the profession. The health institutions, states, and federal governments have established procedures to prevent medical errors and reporting and response channels. The state of Texas did not have an elaborate disclosure system until June 20, 2003, when the state government enacted into law legislation HB 1614 (Quality and patient safety, n.d). The enactment is unique to the needs of Texas despite having subtle similarities with other level legislations. The essential component of the law is the requirement that practitioners at the mental hospitals, hospitals, ambulatory surgical centers enter a detailed entry of medical errors.

The benefits of the strategy are its ability to increase surveillance on practitioners making frequent errors, and the intensity of the mistakes to take legal actions. It could be adopted to detect and punish practitioners responsible for rampant negligence and other mistakes. The strategy could also reveal quack practitioners who have entered the profession without prerequisite qualifications, under-training, or quasi practitioners. The health care sector needs to emphasize the recording of medical errors and the implementation of legal frameworks to deal with cases at the court levels and to underscore the seriousness with which medical errors are treated. The strategy would improve the practitioner’s attention and minimize deaths and other drug reactions detrimental to the patient’s health.

Strategies for Decision Making In This Scenario and Disclose of Error

The principles of integrity and honesty govern the response to the situation. The two principles determine how one relates to professional ethics and the codes of conduct. Therefore, using professional codes and professional ethics are the two key strategies to respond to the scenario. For instance, ethical principles such as Kantian deontology defines ethics or morality as action based on the rule of law regardless of the consequences to the actor and recipient of the work (Barrow & Khandhar, 2019). In this case, state law requires reporting the scenario. I would file a report of the medical error per the ethical principles. The code of conduct defines how the doctor should relate to the patient. For instance, implementing the code of doing well under all circumstances, responding to the scenario would require entering a report and fast-tracking the child to ensure the threat is managed.

The Process of Writing Prescriptions

The practitioner and the pharmacist should consider the laboratory reports and consideration of the patient’s demographic features before prescribing drugs. Analyses of these variables inform the dosage and type of drug the prescriber gives to the patient. Also, there is a need for reexamining the prescription to ensure it meets the patient’s needs. The practitioner should accept faults in cases they lack knowledge or experience on the prescription. Doing so would limit drug errors resulting from ego.

References

Barrow, J. M., & Khandhar, P. B. (2019). Deontology. In StatPearls [Internet]. StatPearls Publishing.

Quality and Patient Safety. (n.d). Public and Private Policy Medical Errors and Patient Safety. Retrieved from http://www.qups.org/med_errors.php?c=individual_state&s=44&t=all

Assignment: Ethical and Legal Implications of Prescribing Drugs
What type of drug should you prescribe based on your patient’s diagnosis? How much of the drug should the patient receive? How often should the drug be administered? When should the drug not be prescribed? Are there individual patient factors that could create complications when taking the drug? Should you be prescribing drugs to this patient? How might different state regulations affect the prescribing of this drug to this patient?

These are some of the questions you might consider when selecting a treatment plan for a patient.

Photo Credit: Getty Images/Caiaimage

As an advanced practice nurse prescribing drugs, you are held accountable for people’s lives every day. Patients and their families will often place trust in you because of your position. With this trust comes power and responsibility, as well as an ethical and legal obligation to “do no harm.” It is important that you are aware of current professional, legal, and ethical standards for advanced practice nurses with prescriptive authority. Additionally, it is important to ensure that the treatment plans and administration/prescribing of drugs is in accordance with the regulations of the state in which you practice. Understanding how these regulations may affect the prescribing of certain drugs in different states may have a significant impact on your patient’s treatment plan. In this Assignment, you explore ethical and legal implications of scenarios and consider how to appropriately respond.

To Prepare
Review the Resources for this module and consider the legal and ethical implications of prescribing prescription drugs, disclosure, and nondisclosure.
Review the scenario assigned by your Instructor for this Assignment.
Search specific laws and standards for prescribing prescription drugs and for addressing medication errors for your state or region, and reflect on these as you review the scenario assigned by your Instructor.
Consider the ethical and legal implications of the scenario for all stakeholders involved, such as the prescriber, pharmacist, patient, and patient’s family.
Think about two strategies that you, as an advanced practice nurse, would use to guide your ethically and legally responsible decision-making in this scenario, including whether you would disclose any medication errors.
By Day 7 of Week 1
Write a 2- to 3-page paper that addresses the following:

Explain the ethical and legal implications of the scenario you selected on all stakeholders involved, such as the prescriber, pharmacist, patient, and patient’s family.
Describe strategies to address disclosure and nondisclosure as identified in the scenario you selected. Be sure to reference laws specific to your state.
Explain two strategies that you, as an advanced practice nurse, would use to guide your decision making in this scenario, including whether you would disclose your error. Be sure to justify your explanation.
Explain the process of writing prescriptions, including strategies to minimize medication errors.
Reminder: The School of Nursing requires that all papers submitted include a title page, introduction, summary, and references. The School of Nursing Writing Template with Instructions provided at the Walden Writing Center offers an example of those required elements (available at https://academicguides.waldenu.edu/writingcenter/templates/general#s-lg-box-20293632). All papers submitted must use this formatting.

Submission and Grading Information
To submit your completed Assignment for review and grading, do the following:

Please save your Assignment using the naming convention “WK1Assgn+last name+first initial.(extension)” as the name.
Click the Week 1 Assignment Rubric to review the Grading Criteria for the Assignment.
Click the Week 1 Assignment link. You will also be able to “View Rubric” for grading criteria from this area.
Next, from the Attach File area, click on the Browse My Computer button. Find the document you saved as “WK1Assgn+last name+first initial.(extension)” and click Open.
If applicable: From the Plagiarism Tools area, click the checkbox for I agree to submit my paper(s) to the Global Reference Database.
Click on the Submit button to complete your submission.

NURS_6521_Week1_Assignment_Rubric
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Excellent Good Fair Poor
Explain the ethical and legal implications of the scenario you selected on all stakeholders involved such as the prescriber, pharmacist, patient, and the patient’s family.
Points Range: 23 (23%) – 25 (25%)
The response accurately and thoroughly explains in detail the ethical and legal implications of the scenario selected on all stakeholders involved.
The response includes accurate, clear, and detailed explanations as to how these implications affect the prescriber, pharmacist, patient, and the patient’s family.

Points Range: 20 (20%) – 22 (22%)
The response explains the ethical and legal implications of the scenario selected on all stakeholders involved.
The response includes accurate explanations as to how these implications affect the prescriber, pharmacist, patient, and the patient’s family.

Points Range: 18 (18%) – 19 (19%)
The response inaccurately or vaguely explains the ethical and legal implications of the scenario selected for all stakeholders involved.
The response includes vague explanations as to how these implications affect the prescriber, pharmacist, patient, and the patient’s family.

Points Range: 0 (0%) – 17 (17%)
The response vaguely and inaccurately explains the ethical and legal implications of the scenario selected for all stakeholders involved, or the response is missing.
The response vaguely and inaccurately explains how these implications affect the prescriber, pharmacist, patient, and the patient’s family, or is missing.

Describe strategies to address disclosure and nondisclosure as identified in the scenario selected. Be sure to reference laws specific to your state.
Points Range: 18 (18%) – 20 (20%)
An accurate, detailed, and clear description of strategies to address disclosure and nondisclosure as identified in the scenario selected is provided.
The response includes specific, detailed, and accurate reference to state laws related to the scenario.

Points Range: 16 (16%) – 17 (17%)
An accurate description of strategies to address disclosure and nondisclosure as identified in the scenario selected is provided.
The response includes accurate reference to state laws related to the scenario.

Points Range: 14 (14%) – 15 (15%)
A vague or inaccurate description of strategies to address disclosure and nondisclosure as identified in the scenario selected is provided.
The response includes inaccurate or vague reference to state laws related to the scenario.

Points Range: 0 (0%) – 13 (13%)
A vague and inaccurate description of strategies to address disclosure and nondisclosure as identified in the scenario selected is provided, or is missing.
The response includes vague and inaccurate reference to state laws related to the scenario, or is missing.

Explain two strategies that you, as an advanced practice nurse would use to guide your decision making in this scenario, including whether you would disclose your error. Be sure to justify your explanation.
Points Range: 18 (18%) – 20 (20%)
The response accurately and thoroughly explains in detail at least two strategies that an advanced practice nurse would use to guide decision making in the scenario.
The response accurately and completely explains whether they would disclose the error, including an accurate, detailed, and clear justification for the explanation provided.

Points Range: 16 (16%) – 17 (17%)
The response accurately explains at least two strategies that an advanced practice nurse would use to guide decision making in the scenario.
The response accurately explains whether they would disclose the error, including an accurate justification for the explanation provided.

Points Range: 14 (14%) – 15 (15%)
The response inaccurately or vaguely explains at least two strategies that an advanced practice nurse would use to guide decision making in the scenario, or only explains one strategy.
The response inaccurately or vaguely explains whether they would disclose the error, including a justification that is vague, inaccurate, or misaligned to the explanation provided.

Points Range: 0 (0%) – 13 (13%)
The response inaccurately and vaguely explains only one strategy that an advanced practice nurse would use to guide decision making in the scenario, or is missing.
The response inaccurately and vaguely explains whether they would disclose the error, with no justification provided, or is missing.

Explain the process of writing prescriptions including strategies to minimize medication errors.
Points Range: 18 (18%) – 20 (20%)
The response provides an accurate, detailed, and thorough explanation of the process of writing prescriptions, including detailed strategies to minimize medication errors.
Points Range: 16 (16%) – 17 (17%)
The response provides an accurate explanation of the process of writing prescriptions, including some strategies to minimize medication errors.
Points Range: 14 (14%) – 15 (15%)
The response provides an inaccurate or vague explanation of the process of writing prescriptions, including inaccurate or vague strategies to minimize medication errors.
Points Range: 0 (0%) – 13 (13%)
The response provides an inaccurate and vague explanation of the process of writing prescriptions, including inaccurate and vague strategies to minimize medication errors, or is missing.
Written Expression and Formatting – Paragraph Development and Organization:
Paragraphs make clear points that support well developed ideas, flow logically, and demonstrate continuity of ideas. Sentences are carefully focused–neither long and rambling nor short and lacking substance.
Points Range: 5 (5%) – 5 (5%)
Paragraphs and sentences follow writing standards for flow, continuity, and clarity.
Points Range: 4 (4%) – 4 (4%)
Paragraphs and sentences follow writing standards for flow, continuity, and clarity 80% of the time.
Points Range: 3.5 (3.5%) – 3.5 (3.5%)
Paragraphs and sentences follow writing standards for flow, continuity, and clarity 60%–79% of the time.
Points Range: 0 (0%) – 3 (3%)
Paragraphs and sentences follow writing standards for flow, continuity, and clarity less than 60% of the time.
Written Expression and Formatting – English writing standards:
Correct grammar, mechanics, and proper punctuation
Points Range: 5 (5%) – 5 (5%)
Uses correct grammar, spelling, and punctuation with no errors
Points Range: 4 (4%) – 4 (4%)
Contains a few (1–2) grammar, spelling, and punctuation errors
Points Range: 3.5 (3.5%) – 3.5 (3.5%)
Contains several (3–4) grammar, spelling, and punctuation errors
Points Range: 0 (0%) – 3 (3%)
Contains many (≥ 5) grammar, spelling, and punctuation errors that interfere with the reader’s understanding
Written Expression and Formatting – The paper follows correct APA format for title page, headings, font, spacing, margins, indentations, page numbers, running head, parenthetical/in-text citations, and reference list.
Points Range: 5 (5%) – 5 (5%)
Uses correct APA format with no errors
Points Range: 4 (4%) – 4 (4%)
Contains a few (1–2) APA format errors
Points Range: 3.5 (3.5%) – 3.5 (3.5%)
Contains several (3–4) APA format errors
Points Range: 0 (0%) – 3 (3%)
Contains many (≥ 5) APA format errors
Total Points: 100

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