Chapter 19: Legal Issues in Phlebotomy

These flashcards cover key legal concepts and terminologies relevant to phlebotomy, including laws, patient rights, and liability issues.

Defensive Medicine

The practice of conducting multiple tests to protect against possible lawsuits.

Patient Care Partnership (PCP)

A statement outlining patients' rights and expectations during a hospital stay.

Statutory Law

Laws created by a legislative body at federal and state levels.

Case Law

Law determined by court decisions and interpretations of existing statutory law.

Administrative Law

Laws and regulations created by administrative agencies such as OSHA or IRS.

Tort

A wrongful act causing harm or injury, either intentional or unintentional.

Malpractice

Substandard care resulting in patient harm, commonly brought by a plaintiff naming medical professionals or institutions.

Negligence

Failure to perform consistent with the accepted standard of care.

Doctrine of Respondeat Superior

Legal doctrine holding employers liable for the actions of their employees.

Liability Insurance

Insurance that covers monetary damages if a defendant loses in a lawsuit.

HIPAA

Health Insurance Portability and Accountability Act, which sets standards for protecting private health information.

Protected Health Information (PHI)

Any part of a patient's health information that can identify the patient.

Informed Consent

The process of getting permission from a patient, including providing adequate information about risks.

Patient's Rights under HIPAA

Patients have the right to control their PHI and are informed of these rights on intake.

difference between assault and battery

Assault refers to the threat of harm, battery is the actual physical act of causing harm

criminal law

happens when public law is violated, where violator is prosecuted by public

civil action

when a private law is violated and one party sues another for compensation or remedy.

Damages

money awarded by the court to plaintiff from defendant

out of court settlement

an agreement reached between parties before a trial, often involving compensation.

liable

being legally responsible for a harm or injury caused to another party.

accepted standard of care

the level of care and skill that a reasonably competent healthcare professional would provide under similar circumstances.

scope of practice

set of procedures and practice your training has prepped you for

dereliction

breach of duty

liability insurance

a type of insurance that protects healthcare professionals against claims resulting from patient injuries or damages, either provided by institution or bought yourself

event report

used to record and report incidents or accidents that occur in a healthcare setting

three scenarios a phlebotomist would be held liable in

performing an improper blood draw, not following safety protocols, or mishandling patient information.

what is the basis for most medical malpractice suits

unintentional torts

medical information linked to a specific pt is called

protected health information (PHI)

when a phleb breaches duty of care to a pt, it is known as

dereliction

3 examples of Pt care a phleb can’t perform

perform diagnoses, administer medications, or provide direct patient treatment

doctor-patient integrity

information is told to the pt by their doctor only

how do criminal action and civil action pertain to phlebotomy

phleb can be prosecuted for criminal action for assult/battery, using a dirty needle, pt misinfo, while civil action will see a phleb careless probing, accidental sticks, reusing needles

a tort comes from what

civil action

failure to perform action consistant with accepted standard of care

negligence

4 elements of negligence

duty, dereliction, injury, direct cause

duty in relation to negligence

plaintiff has to prove defendant owed them a duty of care

dereliction in relation to negligence

plaintiff must prove defendant breached duty of care

injury in relation to negligence

plaintiff must prove a legally recognizable injury to the pt has actually happened

direct cause in relation to negligence

plaintiff must prove injury happened directly because of the defendants actions/inactions

how can a phlebotomist protect themselves against a malpractice suit

following proper protocols, obtaining informed consent, maintaining accurate records, and ensuring adherence to safety standards during procedures.

three examples of proper communication preventing a lawsuit

documenting patient interactions, explaining procedures clearly and getting informed consent, and addressing patient concerns promptly.

what happens if a case is not settled out of court

A trial will commence where the case is presented before a judge or jury, who will then decide the outcome.

professional liability

liable for both acts of commission(action), and acts of omission(inaction)