Legal Issues in Phlebotomy

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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?

Physically intruding into a patient's room without asking Signup and view all the answers

What is malpractice in a healthcare setting?

A type of negligence committed by a professional Signup and view all the answers

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

A civil lawsuit for damages Signup and view all the answers

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

To protect themselves from financial liability in case of a lawsuit Signup and view all the answers

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

Because their employer's insurance may not cover them Signup and view all the answers

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

By consistently following established guidelines Signup and view all the answers

Why is respecting the rights of patients important?

Because it can help avoid lawsuits Signup and view all the answers

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

Both financial and legal considerations Signup and view all the answers

Why is obtaining patient consent before initiating a procedure important?

Because it gives patients control over the situation Signup and view all the answers

What is the main difference between negligence and malpractice?

Malpractice has a higher standard of care than negligence 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?

Reasonable person standard Signup and view all the answers

What are the three elements required to claim negligence?

Legal duty, breach of duty, and harm done Signup and view all the answers

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

The thing speaks for itself Signup and view all the answers

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

To determine if the accused acted as a reasonable person would Signup and view all the answers

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

A patient sitting on a kitchen barstool faints while having blood drawn Signup and view all the answers

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

To question parties involved under oath for evidence Signup and view all the answers

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

To review medical records and provide an opinion on the standard of care Signup and view all the answers

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

They are charged with perjury Signup and view all the answers

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

To settle the dispute before a jury Signup and view all the answers

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

Damages may be awarded Signup and view all the answers

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

To reduce exposure to malpractice litigation Signup and view all the answers

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

The Internet Signup and view all the answers

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

They will be held legally accountable for their actions Signup and view all the answers

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

Civil lawsuit Signup and view all the answers

What is the punishment for a felony?

Death or imprisonment Signup and view all the answers

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

Felony is punishable by death or imprisonment, while misdemeanor is punishable by a fine or less than 1 year in jail Signup and view all the answers

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

Criminal action Signup and view all the answers