Legal issues in phlebotomy

Health information that is linked to information that identifies a patient (name, DOB, diagnosis) is

• usually public information

• the property of the facility

• is made available to researchers

• Protected Health Information and must be kept private and secured

When testing results are available, the phlebotomist should

• report results to the patient immediately

• report them to the patient only if the patient made a request

• ask a coworker or supervisor to enter the results and notify the patient

• not report them to the patient

Which of the choices below is not a way to prevent malpractice?

• Report any patient complaints

• Lower the bed if it was raised for the draw

• routinely place the phlebotomy tray on the patient bed

• make sure to obtain patient consent

The burden of proof in a malpractice case is on:

• the Judge

• the Jury

• the Defendant

• the Plaintiff

Malpractice is

• the delivery of standard care that results in an injury

• the delivery of substandard care that results in an injury

• delivery of substandard care

• care delivered by any uncertified care provider

The number of attempts a phlebotomist is allowed to make for unsuccessful venipuncture for most facility policy is usually _______

• 1

• 2

• 3

• 4

Judgement against a defendant to pay costs incurred from injury is called

• settlement

• unfair to the defendant

• compensatory damages

• punitive damages

Unintentional touching of another person is

• assault

• battery

• a tort

• an unintentional tort

Failure to perform an action consistent with the accepted standard of care constitutes

• assault

• battery

• malpractice

• negligence

Breach of duty in care is known as

• malpractice

• negligence

• causation

• dereliction