Accepted Standard of Care
The consensus of medical opinion on what is adequate patient care in a particular situation
Administrative Law
is created by administrative agencies, such as the Internal Revenue Service (IRS) or the Occupational Safety and Health Administration (OSHA). The regulations promulgated by these agencies are given the force of law by the statutory laws that created the
Assault
is an unjustifiable attempt to touch another person, or the threat to do so.
Battery
is the intentional touching of another person without consent.
Case Law
is law determined by court decisions, usually as an interpretation of existing statutory law.
Civil Action
when private law is violated in which the defendant is sued in civil court by the plaintiff, the person claiming to have been harmed by the defendant.
Criminal Action
is when a public law is violated and the violator is prosecuted by the public, in the person of the government's attorney (the district attorney). The offense may be either a felony or a misdemeanor, depending on the seriousness of the crime.
Damages
monetary compensation
Dereliction
A breach of the duty of care.
Incident Report
Prompt and complete documentation of the circumstances of an incident
Liability Insurance
Insurance that covers monetary damages that must be paid if the defendant loses a liability suit
Liable
To be legally responsible for an action or inaction
Malpractice
Delivery of substandard care that results in harm to a patient
Negligence
Failure to perform an action consistent with the accepted standard of care.
Out-of-court settlement
A settlement om which the two parties reach an agreement without the invention of a judge or jury.
Plaintiff
Person claiming to have been harmed by the defendant
Protected Health Information
Any part of a patient's health information that is linked to information that identifies the patient
Private Law
(civil law) the body of law that deals with relationships between private individuals
Public Law
refers to the body of law that deals with relationships between individuals and the government and governmental agencies
Statutory Law
is created by a legislative body., The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).
Tort
An injury to one person for which another person who caused the injury is legally responsible
Unintentional torts
Unintentional injury; the basis for most medical malpractice claims
HIPAA
Health Insurance Portability and Accountability Act
IRS
Internal Revenue Service
OSHA
Occupational Safety and Health Administration
PHI
Protected Health Information
Administrative agencies such as OSHA create which type of law?
Administrative
The failure to perform an action consistent with the accepted standard of care is:
Negligence
The four elements of negligence are:
Duty, Dereliction, Injury, Direct Cause
The phlebotomist's duties and performance level should be outlined in the:
Policies and procedure manual
When a phlebotomist breaches the duty of care to a patient, this is known as:
Dereliction
A tort comes from a(n):
Civil Action
______________ are the basis for most medical malpractice suits
Unintentional torts
The principal defense against a malpractice suit is:
To show that the standard of care was followed
The phlebotomist has a legal responsibility to do which of the following?
1. Maintain the integrity of the doctor-patient relationship. 2. Maintain patient confidentiality. 3. Follow the standard of care. 4. All of the above
Which of the following is not found in The Patient Care Partnership?
The patient can expect the cheapest care possible.
List four reasons why health care costs have increased.
Health care costs have increased due to the gradual inflation in the price of all goods and services; the growing sophistication of medical technology; the need for highly trained operators of health care delivery; the fast pace of drug discovery and deve
Explain the type of laws OSHA creates.
OSHA creates administrative laws; these laws are given the force of law by the statutory laws that created OSHA
Define plaintiff
A plaintiff is a person claiming to have been harmed by a defendant in a court of law
Give three scenarios in which a phlebotomist may be held liable.
To be liable for an action means that you are legally responsible for it and can be held accountable for its consequences. Scenarios include reusing a needle, thereby infecting a patient with a disease; probing for a vein and damaging a nerve; failing to
Define negligence.
Negligence is the failure to perform an action consistent with the accepted standard of care.
Define malpractice.
Malpractice is the delivery of substandard care that results in harm to a patient
What does it mean to breach confidentiality?
To breach confidentiality means to reveal test results or any information about the patient to anyone not directly involved in the patient's care; to discuss a patient's care in a public place; to release medical information concerning a patient to anyone
What measures can phlebotomists take to protect themselves against malpractice suits?
Phlebotomist can adopt several measures to protect them from malpractice suits, such as precise and detailed documentation, clear patient communication, and following procedures and protocols accurately. Some phlebotomist opt to purchase their own liabili
Patient communication is an important aspect of malpractice claims. Give three examples of effective communication that may help avoid a lawsuit.
Effective communication includes giving clear information to the patient in order to obtain consent, explaining the procedure in order for the patient to fully understand what will happen, and always get a clear "Yes' or "I understand" from the patient.
Explain the difference between criminal actions and civil actions, and how each can pertain to phlebotomy.
A criminal action i taken when a public law is violated. There is a jury trial in the presence of a district attorney. A phlebotomist can be prosecuted under criminal action for assault or battery, using dirty needles, or patient mis-identification. If a
Explain professional liability. Give at least three examples of duties that the phlebotomist can perform and patient care duties the phlebotomist cannot perform.
Professional liability is being legally responsible for your actions, and failure to act. Phlebotomists are bound to act within the realm of their training; they are professionally liable if they do not. Phlebotomists can perform venipuntures and assist t
Name the three elements that a plaintiff must prove in a malpractice suit.
The plaintiff MUST prove duty, dereliction, injury, and direct cause in a malpractice suit.
Describe the meaning of the following statement: "A phlebotomist who does so is derelict in his or her duty.
The statement "a phlebotomist who does so is derelict in his or her duty" means that the phlebotomist has not followed the set standards for care. For example, if a phlebotomist has trouble with a venipuncture procedure and fails to call for help as he or
In defense against malpractice, what is the key to defending oneself?
The key defense against a malpractice suit is to show that the standards of care were followed. Clear, precise documentation is vital in proving such.
What is liability insurance? Why would a phlebotomist need to carry liability insurance?
Liability insurance covers monetary damage that must be paid if the defendant loses a liability suit. Phlebotomists should carry liability insurance in case they are accused in a civil action and the health care institution will not cover such charges.
How does the phlebotomist maintain doctor-patient integrity?
The phlebotomist maintains doctor-patient integrity by allowing test results to be given to the patient by the physician
Most judgements are settled in out-of-court settlements. Describe what happens when cases are not settled as easily.
When a case cannot be settled easily, the case will go to jury trial and judgement
Give at least one example of how a phlebotomist may commit a negligent act.
A phlebotomist may commit a negligent act if he or she does not follow the standards of care for the procedure being performed.