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Healthcare costs are rising as a result of technological advances. Physicians may order more tests now as a defensive mechanism to prevent lawsuits.
STATUATORY LAW
~Created by legislative body
~Federal level this is Congress
~State level varies in make up but usually follows federal
CASE LAW
~Determine by court decision
~Usually as an interpretation of existing statutory law
~Supreme court has ultimate jurisdiction over all laws both federal and state
ADMINISTRATIVE LAW
Created by administrative agencies like IRS and OSHA
PUBLIC LAW
Is violated that is an offense that leads to a criminal action
~can be felony or misdemeanor
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Phlebotomist can be charged with violations of public law
-Cannot force patient to draw blood
ASSAULT
Is an unjustifiable attempt to touch another person or threat to do so
BATTERY
Is the intentional touching of another person without consent
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As a phleb could also be charged for mis-identification or using dirty needle
TORT
Is an injury to one person for which another person who caused the injury is legally responsible.
-can be intentional or unintentional
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Usually both civil and criminal are settled out of court but if both cannot agree goes to trial.
LIABLE
You are legally responsible for an action-you can be liable for your actions or your failure to act
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You are legally responsible for any action you perform as a medical professional - whether or not it is a duty assigned to you or you have received training for it
MALPRACTICE
Is the delivery of substandard care that results in harm to a patient.
-It burden of proof is on the plaintiff to show the four elements of negligence
FOUR ELEMENTS OF NEGLIGENCE
Duty
Dereliction
Injury
Direct Cause
DUTY
The plaintiff must prove the defendant oowed them a duty of care
DERELICTION
Must prove defendant breached duty of care
INJURY
Must prove that a legally recognizable injury to the patient actually occurred
DIRECT CAUSE
Must prove that the injury was sustained as a direct result of the defendants actions or inactions
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Best defense is to provide accepted standard of care and document it
LIABILITY INSURANCE
Covers monetary damages that must be paid if the defendant loses a liability suit
HIPAA
Standards and procedures for protection of privacy of health information.