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Medical Legal
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 |