How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Employment Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

My adult son is in a Nursing/rehab. institution. He has a

Customer Question

My adult son is in a Nursing/rehab. institution . He has a pain management Dr. there who prescribed pain meds and PRN meds as needed. Last night His nurse withheld these meds because she felt he looked lethargic. She stated in her professional opinion he cannot have his pain meds. and the staff completely ignored his request. Can a nurse do this? Mt son's condition requires him to be on pain medication.
Submitted: 11 months ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 11 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your son's situation. Legally speaking, yes, the nurse can do this. The nurse has discretion as to medication distribution given the condition of the patient, etc... Now I'm certainly not saying that the nurse was right in doing this. But there was no law that was broken by the nurse withholding the medications.

Now her actions could have been unethical, unprofessional, and even potentially dangerous, and could be the basis for a complaint (http://www.op.nysed.gov/opd/complain.htm for more information about filing a professional misconduct complaint) but as far as any "private cause of action" (a lawsuit) it would be very difficult to do so, if there was no quantifiable damage resulting from a clear abuse of discretion / negligence. Again, what was done is not illegal, and at best it would be the basis of a complaint through the link above.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 11 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 11 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 11 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 11 months ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 11 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 11 months ago.

Did you have any other questions before you rate this answer?