Jerry McCall is Dr. William’s office assistant. He has received professional training as both a medical assistant and a LPN

Jerry McCall is Dr. William’s office assistant.  He has received professional training as both a medical assistant and a LPN.  He is handling all the phone calls while the receptionist is at lunch.  A patient calls and says he must have a prescription refill for Valium, an antidepressant medication, called in right away to his pharmacy, since he is leaving for the airport in 30 minutes.  He says that Dr. Williams is a personal friend and always gives him a personal supply of Valium when he has to fly.  No one except Jerry is in the office at this time.  What should he do?

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

  1. Would it make a difference if the medication requested were for control of high blood pressure that the patient critically needed on a daily basis?  Why or why not?
  2. If Jerry does call in the refill and the patient has an adverse reaction to it while flying, is Jerry protected from a lawsuit under the doctrine ofrespondeat superior?
  3. What is your advice to Jerry?

 

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