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Medical Legal

Phlebotomy Legal Terms

TermDefinition
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
Created by: user-1731572
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