Ethical and Legal Implications in Prescribing New Medication
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.
JJ is a 7-year-old male who has been dealing with asthma his entire life. Multiple treatments have been tried, which have helped with the symptoms, but nothing has worked completely. You are treating him and know of a study regarding a new asthma medication being developed. This new medication contains a bronchodilator/steroid/antihistamine as an inhalation. None of the drugs being studied have previously been approved for children under the age of 12. The study would last for 16 weeks.
Write a 2- to 3-page paper that addresses the following:
Explain the ethical and legal implications of the scenario on all stakeholders involved, such as the facility (employer), prescriber, pharmacist, patient, and patient’s family.
Is it ethical/legal to prescribe this treatment for this patient? Now imagine you decide to treat/not to treat; it was the wrong decision, and you realize it later. How would your error affect each stakeholder ethically and legally?
Describe strategies to address disclosure and nondisclosure as identified in the scenario. Be sure to reference laws specific to your state.
This section discusses the disclosure of medical errors.
What is required by your state? If you are unable to find information, call your state board of nursing so they can direct you to the applicable law/rule. Most states have a process to follow for reporting of medical errors.
What is required by your employer?
What is required by professional organizations?
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. Would you disclose the error? Why / why not? How did you come to your decision on disclosure? Consider ethics, laws, policies, etc., to describe the strategies used to make your decision on disclosure.
Do NOT describe strategies to decide the best care for the patient. That is NOT what is asked here.
Explain the process of writing prescriptions, including strategies to minimize medication errors.
" name="description">There are several ethical and legal implications for all stakeholders involved. It may not be ethical or legal to prescribe the new medication for JJ, as none of the drugs has been approved for children under the age of 12. However, this decision may be justified if other treatments have failed and the potential benefits outweigh the risks (Hunea et al., 2020). The prescriber must weigh the risks and benefits carefully and obtain informed consent from the patient’s family before proceeding with the treatment.
If the decision to prescribe/not prescribe the new medication was wrong, it could have ethical and legal implications for all stakeholders involved. The patient’s health may be adversely affected, which could lead to legal action against the facility, prescriber, and pharmacist. Ethically, the decision could cause emotional distress for the patient and their family. The prescriber may also face ethical and legal consequences for making a wrong decision, such as a loss of credibility or malpractice lawsuits. Ultimately, the decision to prescribe/not prescribe the new medication must be made with careful consideration of all ethical and legal implications.
As JJ’s healthcare provider, I must consider the ethical and legal implications of disclosing or not disclosing information about the new asthma medication study. In Maple Grove, Minnesota, healthcare providers are required by law to disclose medical errors to patients or their families. They reveal the nature of the error, its impact, and steps being taken to prevent similar errors from occurring in the future. The process for reporting medical errors in Minnesota involves notifying the patient or their family, reporting to the Minnesota Department of Health, and conducting a thorough investigation to determine the cause of the error. My employer also has specific policies and procedures related to the disclosure of medical errors, which should be followed to ensure ethical and legal compliance. Professional organizations like the American Nurses Association (ANA) also provide guidelines for disclosure and nondisclosure in healthcare (Tluczel et al., 2019). According to the ANA, healthcare providers have an ethical and legal obligation to disclose medical errors to patients or their families.
As an advanced practice nurse, I would carefully review the risks and benefits of the new medication and consult with my colleagues. Another strategy is to consider ethical guidelines to determine whether disclosure of the experimental nature of the medication is necessary. In this case, since the new medication has not been previously approved for children under 12. It is important to ensure that JJ’s parents fully understand the risks associated with participating in the study. Regarding the decision to disclose or not, I would consider ethical principles such as beneficence and non-maleficence, as well as ANA’s guidelines on disclosure. I would also review state and employer policies on disclosure and weigh the potential benefits and risks of disclosure with the goal of promoting JJ’s well-being and autonomy.
Writing a prescription involves a series of steps to ensure that the medication is accurately and safely prescribed. The process begins with a thorough patient assessment, including a review of the patient’s medical history, allergies, and current medications. Once a diagnosis is made, the provider selects an appropriate medication, determines the dosage and route of administration, and writes the prescription (Religioni & Pakulska, 2020).
Providers should use clear and concise language when writing prescriptions to minimize medication errors, including the correct medication name, strength, dosage, and frequency. Providers should also double-check their calculations and verify that the medication is appropriate for the patient’s condition and medical history. Electronic prescribing systems, computerized order entry, and clinical decision support can also help minimize medication errors (Abuelsoud, 2019). Finally, it is essential to provide clear instructions to the patient on taking the medication and any potential side effects to watch for.
Abuelsoud, N. (2019). A pharmacy quality improvement project is being done to enhance the medication management process in pediatric patients. Irish Journal of Medical Science (1971-), 188, 591-600. https://doi.org/10.1007/s11845-018-1860-8