Legal Issues in Phlebotomy

Chapter 19

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 Learning Objectives
Chapter 19: Legal Issues in Phlebotomy
(Slide 1 of 3)

1. Discuss why legal issues are important to the

phlebotomist.
2. Differentiate the following types of laws: statutory,
case, administrative, public, and private.
3. Define plaintiff, defendant, felony, misdemeanor, and
tort.
4. Define liability, and give examples of situations in
which a phlebotomist may be held accountable for the
consequences of an action.

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 Learning Objectives
Chapter 19: Legal Issues in Phlebotomy
(Slide 2 of 3)

5. Explain how the accepted standard of care is

determined, and give examples of these standards
as they relate to phlebotomy.
6. Define malpractice, and explain what is necessary
to prove it.
7. Differentiate between punitive and compensatory
damages.
8. Describe steps the phlebotomist can take to avoid
being accused of malpractice.

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 Learning Objectives
Chapter 19: Legal Issues in Phlebotomy
(Slide 3 of 3)

9. Explain the importance of confidentiality.

10. Define protected health information under Health
Insurance Portability and Accountability Act
(HIPAA) regulations.
11. Describe how the phlebotomist can safeguard a
patient’s privacy.

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 Why Study Legal Issues?
(Slide 1 of 3)

 Gradual inflation in the price of all goods and

services
 Higher costs for equipment purchase and maintenance
 The need for highly trained operators at all levels of
healthcare delivery

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 Why Study Legal Issues?
(Slide 2 of 3)

 The availability of sophisticated technology has

meant that more doctors order more tests on more
patients, and that more patients expect them to
order the tests
 As the standard of care has risen, multiple sophisticated
and expensive tests have been prescribed to supplement
a physician’s clinical judgment
 Fear of litigation has also fueled the rise in the use of
multiple tests

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 Why Study Legal Issues?
(Slide 3 of 3)

 The rising cost of healthcare has led to efforts to

keep costs under control
 Reimbursement restrictions on diagnostic tests and
limitations on prescription drugs
 The rights of patients have been increasingly
recognized and expanded

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 The Patient Care Partnership

 What to expect during a hospital stay

 High-quality hospital care
 A clean and safe environment
 Involvement in your care
 Protection of your privacy
 Help when leaving the hospital
 Help with your billing claims

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 Laws
(Slide 1 of 4)

 Statutory law: Created by a legislative body

 At the federal level, this is Congress, made up of the
Senate and the House of Representatives
 Case law: Determined by court decisions, usually
as an interpretation of existing statutory law
 Administrative law: Created by administrative

agencies, such as the Internal Revenue Service

(IRS) or the Occupational Safety and Health
Administration (OSHA)

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 Laws
(Slide 2 of 4)

 Laws are also classified as either public or private

 When a public law is violated, the offense leads to

a criminal action, and the violator is prosecuted by

the public in the person of the government’s
attorney
 The offense may be either a felony or a

misdemeanor, depending on the seriousness of the

crime

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 Laws
(Slide 3 of 4)

 If a patient refuses to have his or her blood drawn,

the phlebotomist must not attempt to force the
patient to comply
 To persist can lead to criminal charges of assault

and battery
 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

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 Laws
(Slide 4 of 4)

 In contrast to public law, when a private law is

violated, the offense may lead to a civil action, in
which the defendant is sued in civil court by the
plaintiff, the person claiming to have been harmed
by the defendant
 Civil wrongs include torts
 A tort is defined as any wrongful act that causes harm
or injury to another person
 Torts can be either intentional or unintentional

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 Settlement and Judgment

 In an out-of-court settlement, the two parties reach

an agreement without the intervention of a jury
 When the parties cannot reach an agreement, the

case goes to court for trial and judgment

 A judgment against the defendant in a civil case

usually results in a fine, which may be only

compensatory or punitive

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 Professional Liability

 Liable means that you are legally responsible for

an action and can be held accountable for its
consequences
 You must perform only those procedures that you

have been properly trained to perform and that fall

within your scope of practice
 A professional should not attempt to perform

duties for which he or she is not trained

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 Standard of Care

 Judgments regarding medical liability revolve

around the concept of the accepted standard of
care, which represents the consensus of medical
opinion on patient care in a particular situation
 Negligence: Failure to perform an action

consistent with the accepted standard of care

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 Medical Malpractice
(Slide 1 of 2)

 Malpractice is the delivery of substandard care that

results in harm to the patient
 Sometimes called medical professional liability
 A malpractice suit usually names one or more

professionals involved, as well as the institution, as

the defendants
 The suit alleges professional negligence as the cause

of specific harms, which may include both physical

and emotional distress, as well as lost income or
potential income, as the result of specific actions

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 Medical Malpractice
(Slide 2 of 2)

 In a civil suit, the plaintiff asks for damages, or

monetary compensation
 Damages may be awarded to cover only the actual costs
of the injury, such as lost wages or further medical care
 Damages can also be awarded to compensate for legal
costs or pain and suffering
 Punitive damages may be awarded to punish the
defendant, usually for gross violations of accepted
standards of care

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 Four Elements of Negligence

 Duty: Plaintiff must prove that the defendant owed

a certain level of care
 Dereliction: Revolves around the accepted

standard of care and the action or inaction of the

plaintiff
 Injury: There must be proof that a legally

recognizable injury occurred to the patient

 Direct cause: There must be proof that the injury

was a direct result of the defendant’s action or

inactions

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 Defense Against Malpractice
(Slide 1 of 2)

 Show that the standard of care was followed

 All parties should carefully document exactly

what happened
 Each institution has a set of protocols for reporting

such incidents, which usually involve prompt and

complete documentation of the circumstances of
the incident in an event report

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 Defense Against Malpractice
(Slide 2 of 2)

 Patient communication is also an important aspect

of preventing malpractice claims
 Always obtain positive informed consent before

performing a procedure
 Procedures must be explained in a way that the

patient can understand, and the patient must give

positive consent
 The only time nonverbal consent is acceptable is

in cases in which immediate action must be taken

to save a patient’s life

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 Liability Insurance

 Covers monetary damages that must be paid if the

defendant loses a liability suit
 Most hospitals require a doctor to show proof of

insurance before receiving admitting privileges

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 Confidentiality

 Phlebotomists are bound by both legal and ethical

responsibilities
 Privacy of medical information is of utmost

importance

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 Health Insurance Portability
and Accountability Act
(Slide 1 of 2)

 HIPAA defines a set of standards and procedures

for protection of privacy of health information
 Under HIPAA, patients have the right to control

their protected health information (PHI), and

disclosing PHI without the patient’s consent is
illegal

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 Health Insurance Portability
and Accountability Act
(Slide 2 of 2)

 Never discuss a patient’s condition in a public place,

such as a hallway, elevator, or eating area
 Never discuss information concerning a patient with
someone not involved in that patient’s care
 Never release medical information concerning a
patient to anyone not specifically authorized to acquire
it
 Never leave patient records out where patients or
visitors can glance at them
 Always log off computers when tasks are completed

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 Questions?

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