The Ethics and Legalities of Medication Error Disclosure

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  • QUESTION
  • The Ethics and Legalities of Medication Error Disclosure   

    Assignment: 
    The Ethics and Legalities of Medication Error Disclosure

    American writer Nikki Giovanni once said: “Mistakes are a fact of life. It is the response to the error that counts” (Goodreads, 2012). Whenever you make an error when writing a prescription, you must consider the ethical and legal implications of your error—no matter how seemingly insignificant it might be. You may fear the possible consequences and feel pressured not to disclose the error. Regardless, you need to consider the potential implications of non-disclosure. How you respond to the prescription error will affect you, the patient, and the health care facility where you practice. In this Assignment, you examine ethical and legal implications of disclosure and nondisclosure of personal error.

    Consider the following scenario:

    • You are working as an advanced practice nurse at a community health clinic. You make an error when prescribing a drug to a patient. You do not think the patient would know that you made the error, and it certainly was not intentional.

    To prepare:

    • Consider the ethical implications of disclosure and nondisclosure.
    • Research federal and state laws for advanced practice nurses. Reflect on the legal implications of disclosure and nondisclosure for you and the health clinic.
    • Consider what you would do as the advanced practice nurse in this scenario including whether or not you would disclose your error.
    • Review the Institute for Safe Medication Practices website in the Learning Resources. Consider the process of writing prescriptions. Think about strategies to avoid medication errors.

    By Day 7

    Write a 2- to 3- page paper that addresses the following:

    • Explain the ethical and legal implications of disclosure and nondisclosure. Be sure to reference laws specific to your state.
    • Describe what you would do as the advanced practice nurse in this scenario including whether or not you would disclose your error. Provide your rationale.

    Explain the process of writing prescriptions including strategies to minimize medication errors.

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Subject Music Pages 5 Style APA
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Answer

Ethics and Legalities of Medication Error Disclosure

Medication errors constitute an escapable part of nursing practice. According to Hayes et al. (2015), although they can have adverse effects on the health and wellbeing of the patients as well as hurt the confidence of the nurses, medication errors are bound to happen at one time in practice. For healthcare organizations, the errors lead to high costs of healthcare due to rehospitalizations as well as the costs associated with defending lawsuits for negligence (White & Gallagher, 2014). However, ethical principles and various legal provisions require that medication errors should be disclosed. This paper provides a discussion of the various ethical and legal issues associated with the disclosure and non-disclosure of medication errors. Additionally, the process for the writing of prescriptions, and ways in which medication errors can be minimized will be discussed.

Ethical and Legal Implications

            In deciding on whether to disclose or not disclose a medication error, a nursing practitioner should be guided by both legal and ethical implications of the decision. Wittich et al. (2015) note that the patients have a right not only to be informed but also participate in any decision which affects their health. Through the legal requirement of patient involvement, the disclosure of medical errors ensures that patients are aware of the actions being taken and thus make informed decisions as to what is best for them (Monk, Sinclair, & Nelson, 2016). In the state of Tennessee, for instance, the existing Health Data Reporting Act passed in 2002, demand that health facilities should share all data related to health safety (Byrne, 2011). Ethically, the ethical principle of disclosure requires that nurses should not only reveal all medication errors that they have made but also explain to the patients the reasons for their occurrence. White & Gallagher (2014) add that after informing the patients, the nurses should also formally apologize and explain to them the measures they are taking/have taken to mitigate the effects of the medication errors (Hayes et al., 2015). Non-disclosure implies that nurses would be in breach of the legal and ethical principles of medication error disclosure. Additionally, non-disclosure leads to the breach of the nursing values of honesty and integrity.

What I Would Do in The Scenario

            As an APN, I would be focused on ensuring that I observe the various ethical and legal requirements in my profession. The first step after making a medication error would be to reveal it to my patient. Additionally, I would proceed to tender a formal apology and explain to my patient the various steps and actions I have put in place to mitigate any adverse effects which may arise from my error (Dahan, Ducard, & Caeymaex, 2017). Such a step would aim to ensure that I protect the health, wellbeing, and safety of my patient (Hayes et al., 2015). Additionally, the reason for my actions would be to abide by the legal requirement of disclosure and also by the nursing values of honesty and integrity. Also, I would be admitting to my mistakes and thus freeing myself from any regrets in the future. Moreover, through my disclosure, I would save myself and my healthcare organization vast sums of money which could have been spent in possible litigations for negligence and nondisclosure or medication errors (Wittich et al., 2015).

Process of Writing Prescriptions

            In the writing of prescriptions, the first step is always with the patient assessment and the ascertainment of the underlying health problems. In the next step, a practitioner would identify the objective of the pharmacological therapy, which is the most suitable for the identified health issue compared to other available options (Wittich et al., 2014). Notably, the step before settling on a particular drug is establishing whether it will have any contraindications with other drugs that the patient is/might be taking. Additionally, the patient should be educated on the instructions and warning which the drug presents. The reduction of medication errors in the prescription process starts with ensuring that the chosen drug will have minimal adverse effects on the patients and is the most suitable in the circumstances. Moreover, the practitioner should ascertain the dosage and ensure that it is the right one based on a patient’s age (White & Gallagher, 2014). Furthermore, informing and educating the patient on the side-effects of the medications and ways to deal with them reduces errors. Finally, ensuring that the instructions are understandable to the patient based on his/her level of education/literacy is vital.

In conclusion, medication errors form part of nursing practice and are thus bound to occur. The adverse effects of medication errors are the threat they pose to the health and wellbeing of the patients and diminishing the reputation of healthcare organizations as well as costing them in litigations based on negligence. Disclosure of medication error implies that nurses are abiding by the legal obligation of informing the patients and apologizing to them of the errors as well as the ethical principle of disclosure and the values of integrity and honesty in nursing practice. Non-disclosure is an affront to fundamental nursing principles. In the process of prescription, medication errors can be avoided by prescribing the most suitable drug and dosage compared to other alternative drugs.

 

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References

  1. Byrne, W. (2011). US nurse practitioner prescribing law: A state-by-state summary. Retrieved September 3, 2018.

    Dahan, S., Ducard, D., & Caeymaex, L. (2017). Apology in cases of medical error disclosure: Thoughts based on a preliminary study. PloS one12(7), e0181854.

    Hayes, C., Jackson, D., Davidson, P. M., & Power, T. (2015). Medication errors in hospitals: a literature review of disruptions to nursing practice during medication administration. Journal of clinical nursing24(21-22), 3063-3076.

    Monk, G., Sinclair, S., & Nelson, M. (2016). Exploring Healthcare Professionals' Use of Narrative Mediation Approaches to Address Disclosure and Apology in the Aftermath of Medical Errors. Narrative and Conflict: Explorations in Theory and Practice3(1), 24-43.

    White, A. A., & Gallagher, T. H. (2014). Medical error and disclosure. Ethical and Legal Issues in Neurology, 118, 107.

    Wittich, C. M., Burkle, C. M., & Lanier, W. L. (2014, August). Medication errors: an overview for clinicians. In Mayo Clinic Proceedings (Vol. 89, No. 8, pp. 1116-1125). Elsevier.

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