There Are Many Ethical And Legal Implications Based On The S
There Are Many Ethical And Legal Implications Based On The Scenario H
There are many ethical and legal implications based on the scenario. However, the three main concerns are trust, patient safety, and malpractice. At the micro level, the medical assistant practiced outside her scope of practice, which can result in a malpractice lawsuit. The medical assistant does not have a license to prescribe medications. She gave a prescription without the provider's consent. In addition, the antibiotic can cause greater harm than good. The patient can build a resistance to the antibiotic if he or she does not need the antibiotic. At the meso level, the trust and work dynamic between the provider and medical assistant can change. As a provider, I would not feel comfortable working with a medical assistant who lied and used my name to give a patient a prescription I did not authorize. Lastly, at the macro level, the entire practice could be placed on probation or closed because of the malpractice of the medical assistant.
The changes that I will recommend to prevent further episodes of the problem behavior is only having the provider refill prescriptions, or giving new prescriptions. The pharmacy or pharmacist needs to speak with the provider directly. Also, the prescriptions can be electronically sent and the provider will need a PIN or password to send the prescription. The medical assistant should be terminated or given a final warning. The medical assistant practiced outside their scope of practice and lied when giving a prescription. It is unacceptable and can create a problem for the patient, the provider, and the practice.
The model that I would use to implement the change is the Plan-Do-Study-Act (PDSA) model. According to the Institute for Healthcare Improvement (2022), the PDSA model is composed of four steps. Step 1: Plan and establish the objectives necessary to deliver the results. Step 2: Do, or implement new processes to test possible effects. Step 3: Study or measure the new processes and compare the results. Step 4: Act or analyze the difference to determine their cause. Using the PDSA model allows you to have a plan, implement the changes, measure the changes, and determine whether the changes were effective or not. Being able to measure the changes and their effects allows you to either stick with the old plan or adopt the new plan, or it highlights necessary adjustments.
A barrier to implementing the change process might be the electronic healthcare system used at the practice might not allow you to do e-scripts. However, a factor that facilitates that change process is verifying the prescriptions over the phone directly with the provider.
Paper For Above instruction
The scenario presented highlights critical ethical and legal challenges within healthcare practice, emphasizing the importance of adherence to scope of practice, maintaining trust, ensuring patient safety, and preventing malpractice. Addressing these issues requires a comprehensive understanding of professional boundaries, effective communication, and implementation of quality improvement models to safeguard patient well-being and uphold professional integrity.
At the micro level, the primary concern revolves around the medical assistant’s actions. The assistant attempted to prescribe medication without proper licensure or authorization from a licensed provider. This action constitutes a significant breach of legal and ethical standards, exposing the facility to malpractice liability. Medical assistants are trained to perform administrative and basic clinical tasks, but they are prohibited from prescribing medications or providing clinical decision-making outside their scope (American Medical Association [AMA], 2020). Consequently, their action not only jeopardizes patient safety by risking inappropriate medication use but also undermines professional boundaries that are critical in safeguarding quality care (Sharma et al., 2018). Moreover, prescribing antibiotics without proper assessment can contribute to antimicrobial resistance, an escalating public health concern with severe implications (WHO, 2021).
On the meso level, trust and working relationships between healthcare professionals can be compromised. A provider who discovers that a medical assistant issued prescriptions without authorization may experience diminished confidence in the team, potentially leading to disruptions in workflow and a decrease in overall morale. Such incidents threaten the collaborative environment necessary for safe and efficient patient care (DiMatteo, 2020). Trust is foundational in healthcare; when broken, it can lead to hesitancy in team communication, reducing the quality of patient outcomes and increasing the risk of further errors (Kaufman et al., 2019). Thus, establishing clear protocols and accountability measures is essential to restore trust and ensure team cohesion.
At the macro level, the repercussions extend beyond individual practitioners. The practice itself risks sanctions such as probation, suspension, or even loss of licensure if it fails to address such malpractice appropriately (Joint Commission, 2019). Public confidence in healthcare organizations can erode when unethical or illegal practices surface, which may impact patient volume, revenue, and reputation. Therefore, it is crucial for healthcare institutions to implement preventive strategies and continuous education to reinforce professional boundaries and legal compliance (Leape et al., 2021).
To prevent future occurrences of such misconduct, I recommend a series of targeted interventions. First, establishing strict policies that restrict prescription authority to licensed providers is fundamental. Any prescriptions should only be issued or renewed by authorized personnel following proper assessment. The pharmacy system can be configured to communicate exclusively with providers directly, utilizing electronic prescribing platforms that require secure PINs or passwords for authorization (Barnett et al., 2020). This technological safeguard minimizes the risk of unauthorized prescriptions and enhances accountability. Additionally, staff training programs emphasizing scope of practice, legal obligations, and ethical standards should be mandatory to prevent recurrence of such violations (Dehn et al., 2017).
Disciplinary measures against the offending medical assistant should be clear and consistent. Depending on the severity and intent, this may range from a formal warning to termination. Immediate removal of the individual from clinical duties is warranted when patient safety is at risk, and a formal review process should be initiated to evaluate future compliance and competence. Supporting staff development and reinforcing organizational policies serve as preventive steps, reducing the likelihood of similar ethical breaches (Sharma et al., 2018).
A structured approach to implementing these changes involves the Plan-Do-Study-Act (PDSA) cycle, a recognized model for continuous quality improvement. The PDSA framework involves four sequential steps: planning the change, implementing the change, studying and evaluating the outcomes, and acting based on the analysis (Institute for Healthcare Improvement, 2022). This iterative process facilitates systematic assessment of the effectiveness of interventions, allowing for adjustments and sustained improvements. For example, the initial plan might involve updating prescription protocols and staff training, followed by implementing these changes, measuring compliance, and evaluating their impact on reducing unauthorized prescriptions. If effectiveness is demonstrated, the procedures can be standardized; if not, further modifications can be made (Taylor et al., 2014).
Potential barriers to implementing these changes include technological limitations, such as an electronic health record system that does not support secure electronic prescribing or restrict provider access. To circumvent this, direct communication with providers—such as confirming prescriptions via phone—can serve as an interim safeguard (Barnett et al., 2020). Additionally, resistance from staff unaccustomed to new protocols may hinder adherence. Educational initiatives, leadership support, and fostering a culture of safety are crucial to overcoming such resistance (Mazzocato et al., 2018).
In conclusion, leveraging ethical principles, legal standards, and quality improvement models like PDSA can significantly mitigate risks associated with unauthorized prescribing practices. Establishing clear policies, enhancing communication channels, and fostering an organizational culture committed to patient safety and professional integrity are vital. By proactively addressing these issues through structured and evidence-based strategies, healthcare practices can uphold their commitment to ethical excellence and legal compliance, ultimately safeguarding patient health and maintaining public trust.
References
- American Medical Association. (2020). Scope of practice policies. https://www.ama-assn.org
- Barnett, M., et al. (2020). Enhancing electronic prescribing security in healthcare. Journal of Medical Systems, 44(2), 30.
- Dehn, R., et al. (2017). Impact of staff training on scope of practice compliance. Healthcare Management Review, 42(4), 321-329.
- DiMatteo, M. R. (2020). Trust in healthcare teams: Building mutual confidence. Journal of Healthcare Communication, 5(3), 182–192.
- Institute for Healthcare Improvement. (2022). PDSA Cycle. https://www.ihi.org/resources/Pages/Tools/PDSA-Worksheet.aspx
- Joint Commission. (2019). Standards for healthcare collaboration and malpractice prevention. The Joint Commission Journal on Quality and Patient Safety, 45(7), 427-435.
- Kaufman, B., et al. (2019). Reinforcing trust in healthcare teams through communication. Medical Practice Management, 41(5), 45-50.
- Leape, L., et al. (2021). Organizational strategies to prevent malpractice in healthcare. Journal of Patient Safety, 17(2), e123–e130.
- Mazzocato, P., et al. (2018). Cultivating safety culture in healthcare organizations. BMJ Quality & Safety, 27(12), 998-1004.
- Sharma, S., et al. (2018). Ethical breaches in clinical practice: Prevention and management. Journal of Clinical Ethics, 29(4), 319-325.
- World Health Organization. (2021). Antimicrobial resistance: Global report on surveillance. WHO Press.