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CH19
Legal Issues in Phlebotomy
| Question | Answer |
|---|---|
| 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 |