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Legal Issues in Phlebotomy

if the phlebotomist does not have consent to draw blood, and proceeds he may be accused of Assault and battery. As well as for using dirty needles, damaging nerves.
If the phlebotomist does not ID patient and incorrect tests, improper care or death results he may be accused of murder or manslaughter.
Tort INJURY to a person to which another person is LEGALLY responsible.
Unintentional Tort are the basis for most medical MALPRACTICE SUITS.
Liable Legally responsible
Act of Commission you did something you shouldn't have done.
Act of Omission you didn't do something you should have done.
Negligence failure to perform an action consistent with the accepted standard of care.
Malpractice is the delivery of substandard care that results in harm to a patient. It may include emotional distress, as well as lost income or potential income.
Duty expected type of service
Dereliction failure to perform a duty by action or inaction.
Injury consequence of improper care
Direct cause direct result
Phlebotomy standard of care no more than 2 unsuccessful vein punctures.
The principal defense against a malpractice suit is to show that standard of care was followed. Good documentation, clear medical records must be kept.
PHI-Protected Health Information any part of a patient's health information that is linked to information that identifies the patient, such as date of birth, name or address. Includes medical record, result of tests and other info.
What to expect during hospital stay -High quality hospital care -A clean and safe environment -Involvement in your care -Protection of privacy -Help when leaving the hospital -Help with billing claims
Created by: glamorousglenys