Legal Issues in Phlebotomy
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Questions and Answers

What is the legal term for physically harming or touching someone without their consent?

  • Malpractice
  • Battery (correct)
  • Fraud
  • Invasion of privacy

What is an example of fraud in a healthcare setting?

  • Performing a procedure without a patient's consent
  • Physically intruding into a patient's room
  • Releasing patient information without consent
  • Billing for services that have not been provided (correct)

What is a breach of confidentiality in a healthcare setting?

  • Physically intruding into a patient's room
  • Releasing patient information without consent (correct)
  • Billing for services that have not been provided
  • Performing a procedure without a patient's consent

What is an example of invasion of privacy in a healthcare setting?

<p>Physically intruding into a patient's room without asking (B)</p> Signup and view all the answers

What is malpractice in a healthcare setting?

<p>A type of negligence committed by a professional (D)</p> Signup and view all the answers

What is a consequence of breaching confidentiality in a healthcare setting?

<p>A civil lawsuit for damages (A)</p> Signup and view all the answers

What is the primary purpose of carrying malpractice insurance for healthcare personnel?

<p>To protect themselves from financial liability in case of a lawsuit (B)</p> Signup and view all the answers

Why is it important for healthcare personnel to obtain malpractice insurance?

<p>Because their employer's insurance may not cover them (A)</p> Signup and view all the answers

What is a key way to avoid lawsuits, according to the text?

<p>By consistently following established guidelines (D)</p> Signup and view all the answers

Why is respecting the rights of patients important?

<p>Because it can help avoid lawsuits (A)</p> Signup and view all the answers

What should healthcare personnel consider when deciding whether to purchase malpractice insurance?

<p>Both financial and legal considerations (A)</p> Signup and view all the answers

Why is obtaining patient consent before initiating a procedure important?

<p>Because it gives patients control over the situation (A)</p> Signup and view all the answers

What is the main difference between negligence and malpractice?

<p>Malpractice has a higher standard of care than negligence (D)</p> Signup and view all the answers

What is the term for the level of care that a person of ordinary intelligence and good sense would exercise under the given circumstances?

<p>Reasonable person standard (B)</p> Signup and view all the answers

What are the three elements required to claim negligence?

<p>Legal duty, breach of duty, and harm done (D)</p> Signup and view all the answers

What is the meaning of the Latin phrase 'Res ipsa loquitur'?

<p>The thing speaks for itself (D)</p> Signup and view all the answers

In a negligence case, what is the role of the 'reasonable person' standard?

<p>To determine if the accused acted as a reasonable person would (A)</p> Signup and view all the answers

What is an example of a situation where 'Res ipsa loquitur' might apply?

<p>A patient sitting on a kitchen barstool faints while having blood drawn (A)</p> Signup and view all the answers

What is the purpose of taking depositions in a malpractice lawsuit?

<p>To question parties involved under oath for evidence (C)</p> Signup and view all the answers

What is the role of an expert witness in a malpractice lawsuit?

<p>To review medical records and provide an opinion on the standard of care (D)</p> Signup and view all the answers

What happens if a person lies under oath during a deposition?

<p>They are charged with perjury (A)</p> Signup and view all the answers

What is the purpose of the trial phase in a malpractice lawsuit?

<p>To settle the dispute before a jury (B)</p> Signup and view all the answers

What happens if the jury decides in the plaintiff's favor?

<p>Damages may be awarded (D)</p> Signup and view all the answers

Why is it important for phlebotomists to prioritize continuous quality improvement and safe practice?

<p>To reduce exposure to malpractice litigation (B)</p> Signup and view all the answers

What has led to increased awareness and concern by the healthcare consumer?

<p>The Internet (D)</p> Signup and view all the answers

What can happen to healthcare providers who perform phlebotomy without reasonable care and skill?

<p>They will be held legally accountable for their actions (A)</p> Signup and view all the answers

What type of lawsuit is filed when an individual alleges injury or harm and seeks monetary damages?

<p>Civil lawsuit (D)</p> Signup and view all the answers

What is the punishment for a felony?

<p>Death or imprisonment (A)</p> Signup and view all the answers

What is the main difference between a felony and a misdemeanor?

<p>Felony is punishable by death or imprisonment, while misdemeanor is punishable by a fine or less than 1 year in jail (D)</p> Signup and view all the answers

What type of action involves laws designed to protect members of society from unlawful acts?

<p>Criminal action (D)</p> Signup and view all the answers

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