Ethical And Legal Implications Of Prescribing Drugs 861507

Ethical And Legal Implications Of Prescribing Drugsethical And Legal I

Prescribing medications is a fundamental responsibility of advanced practice nurses, requiring deliberate and cautious decision-making to avoid potential errors. While prescribing is considered both a privilege and a burden, it demands a thorough understanding of the ethical and legal implications involved. This paper explores the legal and ethical considerations associated with medication prescribing, focusing on scenarios involving prescribing errors, strategies for disclosure and nondisclosure, guiding decision-making, and minimizing medication errors through effective prescription practices.

Legal and Ethical Implications of Prescribing Errors

In clinical practice, prescribing errors pose significant legal risks, especially when they result in patient harm. Consider a scenario where a 5-year-old patient receives an adult dosage of medication, which can lead to severe adverse effects. Legally, such errors can trigger civil liabilities such as malpractice lawsuits, criminal charges, and disciplinary measures from medical licensing boards. Westrick and Jacob (2016) emphasize that nurse practitioners can be sued for malpractice if negligence results in patient injury. It is critical to establish that gross negligence, rather than mere errors, is proven for legal action to proceed. Furthermore, licensing or regulatory boards investigate such incidents, and depending on the severity, may impose sanctions like license suspension or revocation (Westrick & Jacob, 2016). Ethical implications include erosion of patient trust and the risk of direct harm to the patient. Prescribers have an ethical obligation to prioritize patient safety, uphold informed consent, and maintain honesty when errors occur.

Strategies to Address Disclosure and Non-Disclosure

Disclosing medication errors is essential for fostering transparency and maintaining trust in the patient-provider relationship. Laws such as the Illinois Adverse Health Care Event Reporting Law (410 ILCS 522/10) mandate reporting medication errors, like incorrect doses, to regulatory authorities without penalizing the prescriber if errors are reported in good faith (Illinois General Assembly, 2020). Such legal frameworks serve to improve accountability and prevent future errors. Ethically, principles outlined by the Joint Commission, like Standard RI.2.90, mandate that patients and their families be informed about all care outcomes, including unintended adverse events (Kass & Rose, 2016). Transparent disclosure supports patient autonomy and respects their right to be informed, which is crucial for shared decision-making and ongoing trust.

Guiding Decision-Making in Prescribing Practices

To navigate complex situations involving medication errors, advanced practice nurses should adhere to core ethical principles such as beneficence and nonmaleficence. Beneficence dictates acting in the patient's best interest, while nonmaleficence emphasizes "do no harm." These principles guide clinicians to weigh the risks and benefits of disclosure, ensuring that actions taken promote patient safety (Shaikh & Cohen, 2020). Consulting with physicians and interdisciplinary teams enhances decision-making by incorporating diverse perspectives and expertise, fostering collaborative care that prioritizes patient safety. Moreover, advocacy for transparent communication aligns with professional standards and enhances ethical integrity (Cohen et al., 2021). Practitioners are encouraged to disclose mistakes promptly, as evidence suggests that honesty reduces harm and promotes recovery.

Strategies for Writing Prescriptions and Minimizing Errors

Meticulous prescription writing is vital for minimizing medication errors. Rosenthal and Burchum (2018) recommend including key elements such as prescriber identification, license number, contact details, DEA number, patient age and name, medication details (name, strength, dosage, frequency), and refills. Leveraging technology can significantly reduce errors; Computerized Physician Order Entry (CPOE) systems have been shown to decrease medication errors by up to 50% (Kaushal et al., 2017). Barcode medication administration further ensures that the right patient receives the correct medication at the appropriate dose (Poon et al., 2018). Regular medication reconciliation—comparing new prescriptions with prior medications—helps identify discrepancies and prevent adverse drug events (Pharmacovigilance Program of India, 2020). Emphasizing thorough documentation and utilizing technology tools enhances safety and reduces the likelihood of prescribing errors.

Conclusion

Medication errors remain a significant challenge within healthcare settings, with profound legal and ethical implications for prescribers. Ensuring transparent disclosure, guided by legal mandates and ethical principles, fosters trust and promotes patient safety. Adherence to best practices in prescription writing and leveraging technological innovations are crucial for minimizing errors. Ultimately, a commitment to ethical integrity, continuous education, and open communication can enhance patient outcomes and uphold the standards of safe prescribing practices in advanced nursing care.

References

• Cohen, M., Morse, J., & Brown, A. (2021). Ethical decision-making in healthcare: A guide for practitioners. Journal of Nursing Ethics, 28(2), 124-136.
• Illinois General Assembly. (2020). Adverse Health Care Event Reporting Law (410 ILCS 522/10). Illinois Compiled Statutes.
• Kaushal, R., Shojania, K. G., & Bates, D. W. (2017). Effects of computerized physician order entry and clinical decision support systems on medication safety: A systematic review. BMJ Quality & Safety, 26(2), 117-129.
• Kass, L., & Rose, B. (2016). Ethical standards in healthcare: The joint commission standards. Healthcare Ethics, 8(4), 45-52.
• Poon, E. G., et al. (2018). Effect of barcode technology on the safety of medication administration. New England Journal of Medicine, 362(18), 1698-1707.
• Pharmacovigilance Program of India. (2020). Enhancing medication safety through reconciliation. Indian Journal of Pharmacology, 52(5), 321-328.
• Rosenthal, L. D., & Burchum, J. R. (2018). Lehne's Pharmacology for Nursing Care (9th ed.). Elsevier.
• Shaikh, S., & Cohen, S. (2020). Ethical principles guiding medication disclosure in healthcare. Journal of Medical Ethics, 46(3), 178-183.
• Westrick, S. C., & Jacob, A. (2016). Legal implications of prescribing errors in nursing practice. Nursing Law Quarterly, 35(4), 150-157.