Legal Issues in Phlebotomy

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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),

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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.

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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.

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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.

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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.

Questions