I recently was let go from my job as an MA from a company I have worked for over 4 years. I have a great record as a medical assistant for 10 years now but made the stupid mistake of calling in a prescription for my grandmother that was not authorized nor was she a patient of our clinic. I honestly was only thinking of my 85 year old grandma at the time and should have known better but I did make the mistake and I admit it. However, the company that let me go said that is a crime and that I was practicing medicine without a liscence and that they were unsure if they would investigate it or not but that my employment was terminated as it is their policy. Now I live in fear that I may get in serious trouble. I understand the consequences of my actions and am truly sorry for what I did, I even apologized to the provider for my mistake. I am not a criminal nor do I go around calling in perscriptions for people who we do not see or without permission. This is the first time I have done such a thing. Our office is run by a PA only and there were only 4 total employees. Everyone seems to be so relaxed there and I have witnessed this same mistake being made by others and never thought anything of it. I think we are all a bit too relaxed as we are all friends including the PA. I am so concerned with this that I can't sleep at night and have begun to worry about losing a pregnancy that I recently found out about. Any suggestions or advice that can help me out?
Also, our staff has been allowed to call in perscriptions for just about anyone without prior approval for some time and when the PA isn't even in the office we are allowed to practice. Shouldn't all of us be questioned??

Are You Still In School? RMA

If you had a liscence, it would be revoked due to negligence. With it being a certification, I am not sure of the exact ramifications. I would suggest consulting a lawyer. Do you have liability insurance??

Are You Still In School? CMA/ RMA/ CNA

No liability insurance, as a Medical Assistant what we do falls on the shoulders of the provider so they carry the insurance. Our provider would have to be held responsible for my mistake. That is why she was so upset I am sure and I don't blame her. I meant no harm and did not use good judgement obviously and regret it now very much. I had really forgotton about it as it was so long ago and when confronted with it was in shock. I guess I had it coming after all but it wasn't like I was out trying to get a controlled substance for my own use or anything like that. I don't use drugs, drink only once in a blue moon socially and that is it. But, now it looks bad on me even though they all knew me for so long and know of my grandmother. She really is in good health for 85 but suffers from arthritis so bad she hurts a lot. She doesn't usually take anything stronger than Tylenol but I told her to keep it on hand in case she needed it. Now I worry she will be in trouble for Medicare fraud or something. But she was unaware that I wasn't really allowed to do it so...now I am worried it will go on my record or something and ruin my career. I had just started back to school for my LPN and am worried they will press charges. And the bad thing is I was pretty good friends with the provider I worked for. She let us all do our own thing up there and maybe that was where it all went wrong. I got too comfortable and just didn't think first.

Are You Still In School? RMA

Well it is bad practice no matter how you look at it. The physicians should not allow you to call in any scripts without their ok. I don't know how this will pan out, or how it will affect your LPN school, but want to wish you luck. Wish I had more to offer.

Tracy

Are You Still In School? CMA/ RMA/ CNA

Wow.

So you basicly made up a scrpt for your grandma that the Dr. didn't know about? I'm still in school so I'm not following very well. Didn't the Dr have to sign it and didn't your grandma have a dr. to go to who could write out the script so you wouldn't have to?

Are You Still In School? sma

It was/is common practice in our clinic to call in perscriptions over the phone to pharmacies. It is a rural clinic so basically we had a PA and 2 MA's and a front desk person. No Dr. on site. The PA basically just let us call in for people all the time. I called the RX in to a pharmacy that was 100 miles away from our clinic in the city where my grandma lives. I had had surgery that month and went down to visit her in the city and I forgot my pain meds and she had a few around and let me have her last 2 pain pills. I told her that I could replace them for her and I called in the RX to her pharmacy to be picked up. I didn't even think about it when I did it, was just thinking of her. She had made that bottle of pain meds last her a year and I didn't want her to be without. She suffers from arthritis very severely and I am sure she didn't want to call her Dr. for pain meds. So, that is what happen. It was some time ago and just now brought up to me when they let me go.

Are You Still In School? RMA

So it was a narcotic? That is even more concerning than calling in a script for allery pills or something. Is there someone through your MA association that you can talk to?

Are You Still In School? CMA/ RMA/ CNA

Yes, it was Darvocet, and I am just waiting to see if anything comes of it or if they just realize it was a one time occurance, as I told them when they let me go, and maybe if they do make anything of it I will just get an attorney and go from there. I am just so worried about all this that I am soooo stressed. I guess that is what happens when we don't follow the rules.
Thanks

Are You Still In School? RMA

Contrary to popular belief you don't have to cause severe injury to a patient to face a serious law suit as a consequence of your actions or failure to act. As "little" as not following standards of care, indifference (as "little" as failing to recognize a need for help), or abandonment (as "little" as failing to return a phone call) can be reason enough to be held liable in court should any damages occur as a result.

Even though medical assistants are employees who work under the supervision of the physician, or other licensed health care practitioner, such as a nurse practitioner or physician's assistant, and the physician/health care practitioner is responsible for the employee's actions, it does NOT exonerate them from risk of direct liability.


Each health care provider, licensed practitioner, and allied health professional, including the medical assistant is responsible for his or her own negligent acts, since malpractice is defined as "the negligent act of a person with specialized training and education."
Medical malpractice is a very serious offense because of the breach of trust in the patient/doctor relationship and its severe consequences to the victim's life. Doctors, nurses, paramedical, and allied health care professionals are expected to do everything they can to restore health and promote healing, not to cause harm!

Unfortunately, mistakes, oversights, accidents, slips, mix-ups, errors, or irresponsible acts do happen. They usually occur when least expected and some of these unfortunate events may cause harm to the patient!

When serious "slip-ups" happen, they have profound effects on people's lives. Malpractice events place unexpected hardship on families who suddenly find themselves overwhelmed with emotional and financial burdens. Some consequences of a mistake my be temporary, but some victims may be permanently affected by their injuries. Some may have long-term medical expenses, some may never be able to return to their jobs; yet others may not survive. Nothing is more difficult and painful than losing a loved one, and when the death resulted from someone else's negligence the family's devastation over the loss is doubled.

As more patients, their friends and malpractice lawyers become aware of the role of the medical assistant, they also see a potential malpractice target if they believe they have received a poor standard of care. Injured patients, either on their own, or encouraged by family members, friends, or their attorneys, wind up taking their cases to the courts.

Read more at http://www.certmedassistant.com/malprac_insur.htm and then: CONSIDER CONSULTING WITH A LAWYER!



Danni R.
Web Site Admin

Are You Still In School? Web Site Owner/Ste Admin

I didn't cause harm to a patient. It wasn't a negligent act. I called in an RX for someone who wasn't a patient in the first place and did it without the knowledge of the PA I worked for. I never said I couldn't be sued or get in trouble for it. I simply said that in school they taught us that our provider was responsible for any act we chose to perform and that they could get in trouble for it. I know that I too could have gotton in trouble for it as well. Thankfully they have chosen not to pursue any legal action as it was a one time mistake and I have never done any such thing in my 10+ years in this business. My former boss and I got along great and we were close friends and she has taken pity on me not to take it further. She knows that I didn't mean any harm by it and that it was something I did for my grandmother and I have lost my job as a result of it. I assume she thinks that was enough punishment for me, and I must agree as I am now without work and without a referrence for a new job. Basically I screwed myself. So, thank you for your time in replying to my post. I learned a valuable lesson, never try to take care of anyone that isn't a patient and never call anything in for anyone without first getting permission and getting it written in the chart.

Are You Still In School? RMA

Negligence is also defined as
" judgement of a professional action or inaction in violation of a staute or so at odds with common sense that beyond a doubt andy prudent person would have been guilty of."

From Mosby's nursing dictionary.
I guess you can be thankful that they haven't reported you or pressed charges, as it could be detrimental to further employment. How do they know you weren't diverting it to your grandmother for your own use? There are a few different angles you could take in this instance. It's become a huge issue in healthcare, as many people ( nurses, doctors, pharmcists etc..) are let go without being reported, then continue to do it at other facilities.

Are You Still In School? CMA/ RMA/ CNA

Well, I don't know what they may think but I can tell you that she would vouch for me and I am sure she still has the bottle with the pills still in it as she doesn't take them unless she needs them, as I said earlier she made an old perscription from a long time ago last her for over a year from a surgery she had. I am sure she could show them the bottle and they would know I didn't take them. I am not a pill popper, I don't even drink. They knew me well enough at work to know if I was on pain meds. I haven't ever called in anything for anyone other than her and I know that I have been worried sick over it and know I wouldn't ever take that kind of risk again, no matter what the law says. Also, I could take a drug test at any time and it would be negative! But, with all that said, hopefully it won't ruin my career and maybe I could benefit others just a little by telling of my mistake and what the ramifications can be.
Thanks again for all your advice and help. I appreciate all the input.

Are You Still In School? RMA

I understand your position, I was just expressing thoughts that could possibly be on the other side of the coin. Hope you can find new employment soon!

Are You Still In School? CMA/ RMA/ CNA

Thanks so much. I am sure glad there is a place I can go to express my thoughts and fears, etc. I understand your side of the coin, and am glad to know a little more about the law. I am back to job hunting again and I am sure whatever happens things will all work out the way they are meant to.

Are You Still In School? RMA

Same here. I am not condoning what happened here, but I cannot help but feel for you. Let's put it this way: I am telling you the ramifications and concerns so that you can be aware of ALL ramifications. Knowing all angles is enough "punishment" I hope. I am glad you realize that this was not very smart on your behalf and it was not a "little" thing. Once something serious happens it's not as simple as saying "oops" and it cannot taken back.

I do want to thank you for sharing so openly and honestly what happened. Rarely does this happen. It is not easy to admit fault, and it must be very embarrassing. However, in sharing you have shown many of your peers how easy it is to "slip" and how hard it is not to get caught (eventually). Medical assistants are often expected to do things they shouldn't (because they are not within their scope of practice) and yet, I am sure, many will anyways.

You have made it clear that professionalism must always be maintained.

Thank you and best wishes. I am sure, in the long run all will be well.

Danni R.

Are You Still In School? Web Site Owner/Site Admin

This is where alot of mistakes happen within our profession. I'm not condoning what happened either and I understand the concern you had for your grandma, but, anytime a prescription is called in (refills) that patient has a script on file with that pharmacy. How YOUR employer found out was whenever there is a script called into the pharmacy (new) and its for class drugs (specifically narcotics) they, the physician or pa are contacted by either mail or phone call that they need to have a written script on file for there system as DEA agencies in each state regulate all scripts for narcotics that are being dispensed. That is why there is only a certain amount of narcotics allowed to be filled ex: like a 30 day supply and 0 refills and so on. Anytime there is a discrepency with the pharmacy and they dont have a script to back them up it looks as if THEY are the ones doing so. I'm surprised that your employer hasnt followed thru with this as it is a serious charge even thou you were thinking of your grandma, YOU cannot do so. What should have been done is to either call her physician and let them know she needed a refill or have her come in and see the pa at your office. Also whenever someone gives someone else a narcotic or any other med, that is also illegal as well, as you are not licensed to dispense meds to another. Even thou it might benefit one person, but if there is even a slight chance that someone is allergic and harm is caused, someone finds out about it, can be charged with a felony or even more if death occurs. I do wish you well in your job search... not sure how your past employer is going to give reference on you. I would check with them, state your job ended on your application. But I would be careful in repeating what you did as it can hurt you in the long run in not obtaining another job in the medical field due to what occurred. Learn from your mistake, never do it again for anyone period.

Your Professional Title/Credentials: bevpayne33542,4

Are You Still In School? MA

Danni,
I hope you don't mind I printed your reply because I find it so valuable.
I'm a qualified medication aide and have been trying to convince people that any health care provider can be sued. Their reply is always like "Don't worry, you work under a nurse's license" etc... etc...
I like to be given a chance to do my job properly and safely, not only because of liability but I do want to give good care!
constance

Are You Still In School? QMA

I BY MISSTAKE GAVE A NARC. TO THE WRONG RESIDENT EVEN THOUGHT HE GETS THEM IS THAT GROUNDS FOR TERMINATION? AFTER FOUR YEARS NO WRITE UP OR VERBAL WARNING OR SUSPENSIONS. I SEE IT AS A MED ERROR WITH NO HARM COMING TO THE RESIDENT. WE ARE ALL HUMAN AND SOME TIMES MAKE ERRORS.

Your Professional Title/Credentials: QMA

Are You Still In School? NO

Are You Working? NO

If you asked me, I agree with you. I tis cold to throw someone out who has been proficient, loyal, and dependable for this sort of mistake. Sadly, the employer panics, and believes by firing the employee, they rid themselves of the responsibility (and liability), which is a misconception.

Luckily nothing adverse happened to your patient! A lot of mistakes happen within our profession, and although best avoided in the first place, many of them involve wrong medication at the wrong time, or wrong route, or wrong person (even by doctors, or nurses). It seems to me, you'd deserve a 2nd chance.

Your Professional Title/Credentials: Forum Owner/Website Admin

Not that this will relieve any of your stress, but in the state of California the MA is not allowed to call in a new prescriptions, only refills when they are approved by the physician. All states should implement this rule; it might have saved your ass, IDK--maybe you still would have done it.I won't harp over "you should have know better", but I would count my blessings if all you get is your MA career taken away. You say you are not a criminal but you have in fact committed a crime. If you are worried about prosecution so much why not contact the office and find out if you are going to be needing to get yourself a lawyer. Not to give you more worries, but even if the office does not turn you in there is nothing from stopping the pharmacist from doing so.

Sorry did not see this post was so old.

Heartsopenwide... it may be old, but never out dated.

Your Professional Title/Credentials: Forum Owner/Website Admin