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Phlebotomy: Legal and Ethical Considerations

Horizontales
. Voluntary permission by a patient to allow touching, examination, and/or treatment by health care providers. Intentional touching without this can be considered a criminal offense. May be obtained through word or action (orally, written or nonverbal behavior)
Under legal obligation, as far as damages are concerned
(Greek for: “Let the master answer”)—the concept whereby actions of one individual may be imputed to another person having control. Ex: The technician’s negligence can be imputed to a laboratory or facility
The intentional touching of another person without consent. Usually includes an assault
The extent and limits of the medical interventions that a health care provider may legally and ethically perform
Verticales
Failure to act or to perform duties according to the standards of the profession
Knowing that a statement is false or making a statement is reckless disregard of the truth
The unjustifiable attempt to touch another person or the threat to do so in such circumstances as to cause the other to believe that it will be carried out or to cause fear
These laws vary by state but releases those from lawsuit when attempting to save someone’s life
Improper or unskillful care of a patient by a member of the health care team, or any professional misconduct, unreasonable lack of skill, or fidelity in professional or judiciary duties. Also called; professional misconduct
An infraction, violation, or failure to perform
This type of consent exists when immediate action is required to save a patient’s life or to preserve permanent impairment of the patient’s health
Health Insurance Portability and Accountability Act of 1996. Regulates what can be done with patient records, who has access, and gives the patient the total responsibility to decide such.