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Ms. Gist
Phlebotomy Legal Terms
| Term | Definition |
|---|---|
| Statutory Law | Created by legislative body. Varies from state to state but usually follows federal mode. |
| Case Law | Determined by court decisions. |
| Administrative law | Created by administrative agencies: IRS, OSHA |
| Battery | The intentional touching of another person without consent. |
| Assault | An unjustifiable attempt to touch another person or threat to do so. |
| Professional Liability | Liable for act of commissions (both your actions) Liable for act of omission (Failure to act) |
| Medical Malpractice | Delivery of substandard care that results in the harm of a patient. |
| Tort | An injury to a person for which another person who caused the injury is legally responsible. (Intentional or non intentional) |
| Private Law | can lead to civil action which the defendant is sued in civil court by the plaintiff. |
| Public Law | When violated leads to criminal action and can be prosecuted by the District Attorney. (can be a misdemeanor or Felony) |
| HIPPA | Health Insurance Portability act of 1996, phlebotomist are legally and ethically bound in the area of confidentially |
| PHI | Protected Health Information: Patient's name, address, test results, Health record and Information that ID's patient. |
| Liability Insurance | Phlebotomist are usually covered by their institutions liability insurance. |
| Dereliction | Breach of duty |
| Elements of medical malpractice | duty, damage, breach of duty and cause |
| Informed Consent | Inform Pt of treatment and risk, Pt has the right to refuse any medical treatment or procedures and physician informed of refusal. |
| Standard of care | Never preform more than 2 unsuccessful draws, comply with all HIPPA regulations. |
| OSHA | Occupational Safety and Health Administration |
| IRS | Internal Revenue Service |
| False Imprisonment | Preventing a patient from leaving |
| Defamation | Making false statements verbal or written that harm a persons reputation |
| Intentional infliction of emotional distress | Extreme and outrageous behavior causing severe emotional distress |
| Statue of limitations | Time limit to file lawsuit after injury occurs. |
| Fraud | Intentionally deceiving someone for personal gain |
| Malfeasance | Doing something wrong or improper that causes harm. MA gives wrong medication dose. |
| Misfeasance | Doing a lawful act improperly or carelessly. MA takes patients blood but doesn't follow technique for steralization |
| Nonfeasance | Failing to do something that should have been done. MA fails to report a patients critical lab results to provider. |
| Res Ipsa Loquitor | Speaks for itself. Doctor leaves surgical instrument inside patient after surgery. |
| Direct Cause | Breech of duty directly caused the patient injury. |
| Damages | Patient was injured or harmed. |
| Four D's of negligence | All four should be present for negligence to occur. |
| Criminal | Stealing meds, patient abuse, falsifying records and practicing without a license. |
| 4 Classifications of Law | criminal, civil, international, and military. |
| Criminal Offenses | stealing medication, patient abuse, falsifying records, and defamation. |
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