1. Legal Issues in Phlebotomy
Chapter 19

2. What is statutory law? Created by a legislative body
At federal level it consists of:
Congress – made up of the Senate & House of Representatives
State legislative bodies vary from state to state but usually follow the federal mode

3. Case law State courts rule on state laws
Federal courts rule on federal laws
U.S. Supreme court rules both State and Federal laws

4. Administrative law
IRS
OSHA

5. Public law When violated leads to criminal action
Prosecuted by public (district attorney)
Can be a felony or misdemeanor

6. Phlebotomist and public law
Drawing without consent
Forcing a patient to comply with a draw
Assault – unjustifiable attempt to touch another person, or the threat to do so
Battery – intentional touching of another person without consent

7. Battery Using a dirty needle
Damaging nerves from improper drawing technique
Not correctly identifying the patient ( pt received wrong test results)
Death caused by wrong ID of patient and improper care can lead to charging the phlebotomist with murder or manslaughter

8. Private law
Can lead to civil action in which the defendant is sued in civil court by the plantiff
Tort- an injury to one person for which another person who caused the injury is legally responsible. (can be intentional or unintentional)
Most medical malpractice suits are unintentional torts

9. Examples of civil action
Damaged nerve
Reusing needles
Careless probing for a vein
Accidental artery stick
Drawing samples not requested by the MD
Releasing test results to someone not authorized to receive them

10. Liable
Legally responsible for an action and can be held accountable for its consequences.
NEVER perform a procedure for which you have not received training
Standard of care- ex: phlebotomist are only allowed to make two unsuccessful attempts at routine Venipuncture before seeking assistance.

11. Medical Malpractice
Delivery of substandard care that results in harm to a patient.
Sometimes called medical professional liability
The burden of proof is on the plaintiff to show the four elements of negligence

12. Four elements of negligence
Duty
Phlebotomist has a requisition for a patient and was expected by his or her supervisors to draw blood

13. Four elements of negligence
Dereliction
Phlebotomist mislabeled a sample specified on the requisition

14. Four elements of negligence
Injury
Timed draw for a therapeutic drug monitoring sample was written incorrectly, and the patient received too much medication as a result, the patient may be able to prove injury.

15. Four elements of negligence
Direct Cause
Overmedication can be shown to be a direct result of mislabeling, direct cause is demonstrated

16. Do NOT Attempt a draw over 2 times without calling for assistance
Place a phlebotomy tray on the patients bed
Leave a bed rail down after a blood draw

17. Defense against malpractice
Practice good standard of care
Document clear and complete
Shows what was done
When it was done
And by whom it was done
Whenever an unusual incident occurs during a phlebotomy procedure, report it to your supervisor immediately and fill out an incident report

18. Liability insurance
Phlebotomist are usually covered by their institutions liability insurance, although some phlebotomist also obtain their own.

19. HIPAA Health Insurance Portability and Accountability Act of 1996
Phlebotomist are both legally and ethically bound in the area of confidentiality.

20. PHI Protected health information Information is a pt’s health record
Information that ID’s the pt
Test results
Pt name
Pt address

21. Never!!!!!!!!
Discuss a pt’s condition, tests, or financial information in public place.
Discuss information concerning a patient with someone not directly involved that patients care.
Release information without authorization
Leave patient record out where other can see