Medical Laboratory Code of Conduct

Medical Laboratory Code of Conduct

• A code of ethics is a formal statement of a group's ideas and values that serve as standards and guidelines for professional actions and inform the public of its commitment.
• A code of ethics provides members of a profession with standards of behavior and principles to be observed regarding their moral and professional obligations.
• A professional society within a particular profession develops a code of ethics.
• The higher the degree of professionalism required, the stronger and more enforceable the code.

Purpose of Medical Laboratory Code of Ethics

• To inform the public about the minimum standards of profession and to help them understand professional medical laboratory conduct.
• To provide a sign of the profession's commitments to the public it serves.
• To outline the major ethical considerations of the profession.
• To provide general guidelines for professional behavior.
• To guide the profession in self-regulation.
• To remind medical laboratory professionals of their special responsibility when performing their duties.

Legal Issues: Tort

• A tort is a wrongful act against a person, property, reputation, or other legally protected right.
• Types of torts: battery, fraud, invasion of privacy, breach of confidentiality, malpractice, negligence, assault, and respondeat superior.

Malpractice Insurance

• Compensates insured in the event of malpractice liability.
• Individual workers are not typically targets of lawsuits.
• Workers may be named as codefendants, though.
• Depending on the risk, a worker may need a professional liability policy.

Avoiding Lawsuits

• Acquire informed consent before collecting specimens.
• Respect a patient's right to confidentiality.
• Strictly adhere to accepted procedures and practices.
• Use proper safety containers and devices.
• Listen and respond appropriately to a patient's request.
• Accurately and legibly record all patient information.
• Document incidents or occurrences.
• Participate in continuing education to maintain proficiency.
• Perform at the prevailing standard of care.
• Never perform procedures you are not trained to do.

Informed Consent

• Implies voluntary and competent permission.
• Requires adequate information given to the patient in nontechnical terms.
• Obtained before the procedure.

Expressed Consent

• Should be specific and cover all procedures to be performed.
• Verbal consent should be followed by an entry in the patient's chart.
• Written consent gives the best possible protection and must be signed by the provider and patient, witnessed by a third party.

Implied Consent

• Patient's actions imply consent.
• May be necessary in emergencies.
• Laws vary from state to state.

HIV Consent

• Most states have legislation for consent for HIV tests.
• Client must be advised on the test and its purpose, how the test will be used, and the meaning of the test and its limitations.

Consent for Minors

• A minor cannot give consent for medical treatment.
• Parental or guardian consent is required.
• Personnel who violate this rule are liable for assault and battery.

Refusal of Consent

• Patient has a constitutional right to refuse medical procedure.
• Refusal may be based on religious or personal beliefs.
• Refusal usually must be verified in writing.

Litigation Process

• Phase 1: Patient incident occurs or injury is recognized.
• Phase 2: Injured party consults an attorney, requests medical records, and takes case.
• Phase 3: Trial.
• Phase 4: Appeal.