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Phlebotomy

Legal Issues In Phlebotomy

TermDefinition
Statutory Law is created by a legislative body. Federal Law
Case Law Is law determined by court law. Judge made law
Administrative Law Is created by administrative agencies, such as the IRS (Internal Revenue Service) or OSHA (Occupational Safety and Health Administration)
Public Law when a public law is violated, the offense leads to a criminal action. The violation is prosecuted by the public in the person of the government's attorney (the district attorney). The offense may be either a felony or a misdemeanour, depending on the ser
Assault Is an unjustifiable attempt to touch another person or the threat to do so
Battery Is the intentional touching of another person without consent
Public Law in reference to a phlebotomist can occur if the phlebotomist does not get informed consent
Who is the plaintiff? The person claiming to have been harmed by the defendant. (The person complaining)
Civil wrongs include Tort
Tort is... any wrongful act that causes harm or injury to another person. Torts can be intentional or unintentional
Unintentional Torts are The basis for the most medical malpractice suits
Out-of-court settlement The two parties reach an agreement without the intervention of a judge or jury
Liable for an action means you are legally responsible for it and can be held accountable for its consequences
Medical professionals are liable for both your actions called (An act of commission) and in some cases, your failure to act called (an act of omission
Act of commission means something you did that you should not have
Act of omission means something you did not do that you should have
Scope of practice is the set of procedures and responsibilities for which your training has prepared you and for which you have demonstrated competency
What is negligence Negligence is the failure to perform an action consistent with the accepted standard of care
Standard of Care Treatment that is accepted as proper/correct treatment
Created by: RhonRosa
 

 



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