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# ADV.D10 Legal_Ethi

# ADV.D10 : Ch.03 - Ethics, Legal and Regulatory Issues

AHA American Hospital Association
assault To threaten to touch
battery Touch without consent
breach of duty An infraction, violation, or failure to perform.
civil law Law that governs how people should act. When civil law is broken it is called a TORT.
CLIA Clinical Laboratory Improvement Act. Law passed in 1988 to set quality standards in the clinical laboratory.
criminal actions Acts committed against the public welfare.
defendant Person who is charged with committing a Tort or criminal actions.
deposition Statement made under oath in the presence of attorneys. Deposition is used in court as a statement made in court.
discovery The process that an attorney will carry out to validate a claim made in a lawsuit. The process of gathering information by taking statements and interrogating parties involved in a lawsuit.
ethics General code of moral actions that individuals in a profession should adhere to. These are principles of right and wrong conduct.
evidence Proof that supports the plantiff's and/or defendant's statements.
expert witness Person paid by an attorney to give testimony that supports or discredits the evidence of parties in a lawsuit.
felony Usually a violent crime punishable by imprisonment for 1 year or more. Much more serious than a misdemeanor.
full disclosure Law requiring a complete release of information. Complete accounting for corporations; all security problems in a computer network, etc.
HIPAA Health Insurance Portability and Accountability ACT. Defines
implied consent Approval by action
informed consent Approval after being properly informed.
liable Under legal obligation. Responsible by law.
litigation process Process of legal action to determine a decision in court.
malpractice The act of doing a task on the job incorrectly.
medical records Both personal and medical information about patients that is protected under HIPAA. It is a chronological record of all care given to the patient.
misdemeanor A criminal offense that is not as serious as a felony.
negligence To cause harm by "not doing" something that is part of a procedure that any competent phlebotomist would do in the same situation.
Patient confidentiality Keeping private all medical and personal information about patients. Release can only be due to patient approval or "need to know" based upon HIPAA guidelines.
Plaintiff The person who brings complaint to court. The complaining person.
Patient's bill of rights The rights that a patient has regarding their medical treatment and their decisions regarding that treatment.
PHI Protected Health Information
respondeat superior "Let the master speak". Generally this means that the employer will have to take responsibility for the actions of the employees. However, the employee is also able to be charged with breaches, negligence, malpractice, etc.
standard of care The current level of care as defined by the medical field. In phlebotomy, the current standard of care is set by CLSI. Acting based upon outdated standards is a viiolation of the "standard of care"
statute of limitations Length of time a person has in which to file suite or the time the law has to charge an individual.
tort Civil law. How people are supposed to act towards each other.
You can give patient information to another phlebotomist if that phlebotomist needs to know it to do his job. YES. This is the "need to know" of HIPAA. So a phlebotomist must have some minimal information to do his job.
If PHI is given to another healthcare worker it must be limited to just the information required to do the job TRUE
A phlebotomist tells a patient that the blood must be drawn or the patient will die! What is this? Verbal threat so it is assault.
A phlebotomist is told NO by the patient. The phlebotomist grabs the arm and says "you will have your blood drawn" What is this? Battery. Physical touching without consent.
The phlebotomist does not apply antiseptic to the site before sticking the patient. The patient gets an infection. What type of case is this? negligence. Something was NOT done and it caused harm to the patient.
A phlebotomist draws blood on a patient who upon seeing the phlebotomist offered the arm so that blood could be drawn. This is.. implied consent
A phlebotomist draws blood after describing the procedure and obtaining the patient's OK. What is this? This is informed consent.
Research patients are protected by: The 1974 National Research Act.
What is an IRB An institutional research board is a committee assigned to ensure the rights of patients in a research project.
A phlebotomist tells another healthcare worker that Bozo Jones in room 222 has AIDS. No one else hears the conversation. Is this OK. NO. It is the release of PHI to someone who does not "need to know" in order to do their job.
Failure to perform an act that is consistent with the accepted standard of care is: Negligence
Failure to perform an act correctly is Malpractice
A tort comes from Civil action
To defend against "malpractice" the phlebotomist must show that the "standard of care" was followed.
Release of "private" information about the patient is a type of.. invasion of privacy.
With regards to "standard of care", malpractice is always.. outside the standard of care.
Performing one’s duties in the same manner as any other reasonable and prudent person with the same certificate and training is referred to as the "standard of care"
"release of information" Document signed by patients stating that certain medical information can be released so that the doctor can be paid.
Created by: rjmtoss



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