legal issues in phlebotomy
Post on 22-Feb-2022
1 Views
Preview:
TRANSCRIPT
2
Why Are Legal Issues Important to Phlebotomists?
� Increased cost of health care delivery.- Due to higher equipment cost especially
to meet safety regulations.- Due to higher cost of trained employees
to not only operate expensive equipment but to deliver care and provide services such as phlebotomy for patients.
3
Why Are Legal Issues Important to Phlebotomists?
� Increased standard of care expectations.- More sophisticated tests ordered as
technology advances.- Patients want more testing done.- Physicians practice “defensive medicine”
out of fear of litigation.
4
Laws
� Statutory Law: created by a legislative body at the federal level and province legislative bodies at the provinces level.
� Case Law: determined by court decisions when interpreting existing statutory law.The Supreme Court has ultimate jurisdiction.
5
Professional Liability
� Liable means that you are legally responsible for an act and can be held accountable for its consequences.
� Never perform duties for which you have not been trained.
� Judgments are based on the accepted standard of care on patient care.
6
Medical Malpractice
� Malpractice is the delivery of substandard care that results in harm to the patient.
� A malpractice suit usually names the person involved as well as the institution.
� The plaintiff asks for damages from both physical and emotional harm as well as lost income or potential lost income.
7
Four Elements of Negligence� Duty – plaintiff must show that the defendant
owed a certain level of care.� Dereliction of Duty – revolves around the
accepted standard of care and the action or inaction that occurred.
� 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 inaction.
8
Defense Against Malpractice
� Prove that the standard of care was followed.� Documentation is critical.� Report an incident to your supervisor and fill
out an incident report.� Follow the protocol at your facility.� Good communication skills are essential for
obtaining informed consent.� Phlebotomists are usually protected by their
employer’s liability insurance.
9
HIPAA� Health Insurance Portability & Accountability
Act.� It's useful to note that Ontario actually has it's
own equivalent of the US HIPAA law which applies specifically to PHI, called the Personal Health Information Protection Act, 2004 (PHIPA),
10
PHIPA� Establishes the legal right of patients to have
the privacy of their health information protected (PHI).
� The phlebotomist has not only a legal obligation to protect patient confidentiality but also an ethical obligation.
� Patients have the right to control their PHI.� Disclosing PHI without patient consent is
illegal.
11
PHIPA� Never discuss patients in public areas such
as the cafeteria or elevators.� Never discuss patient information with
someone not involved in the patient’s care.� Never release patient medical information
without authorization.� Never leave patient’s records out where
visitors or patients can read them.� Maintain the integrity of the physician-patient
relationship.
12
Patient’s Bill of Rights
� Encompass the right of patient confidentiality and other important aspects of ethical patient care.
� The Patient’s Bill of Rights is not enforceable by law but represents the standard of care that health care facilities aspire to for their patients.
13
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.
top related