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CH 19 Vocab

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14 views2 pages

CH 19 Vocab

Uploaded by

a25brookf
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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accepted standard of care-Judgments regarding medical liability revolve around the concept of

the accepted standard of care, which represents the consensus of medical opinion on patient
care in a particular situation.

administrative law-is created by administrative agencies, such as the Internal Revenue Service
(IRS) or the Occupational Safety and Health Administration (OSHA). The regulations
promulgated by these agencies are given the force of law by the statutory laws that created the
agencies.

Assault- is an unjustifiable attempt to touch another person, or the threat to do so

Battery-is the intentional touching of another person without consent.

case law- is law determined by court decisions, usually as an interpretation of existing statutory
law. State courts rule on state laws, and federal courts rule on federal laws. The U.S. Supreme
Court has ultimate jurisdiction over all laws, both federal and state.

civil action-the offense may lead to a civil action, in which the defendant is sued in civil court by
the plaintiff, the person claiming to have been harmed by the defendant. Civil wrongs include
torts. A tort is defined as any wrongful act that causes harm or injury to another person. Torts
can be either intentional or unintentional

criminal action-and the violator is prosecuted by the public in the person of the government’s
attorney (the district attorney)

Damages- A judgment against the defendant in a civil case usually results in a fine (known as
damages), which may be only compensatory (to pay for costs incurred because of the injury,
such as further medical care) or punitive.

Dereliction-The plaintiff must prove that the defendant breached the duty of care to the plaintiff.
This determination revolves around the accepted standard of care and the specific action or
inaction of the plaintiff. For example, if a phlebotomist mislabeled the sample specified on the
requisition, this may constitute dereliction or breach of duty.

event report-Each institution has a set of protocols for reporting such incidents, which usually
involve prompt and complete documentation of the circumstances of the incident in an event
report

liability insurance-Liability insurance covers monetary damages that must be paid if the
defendant loses a liability suit

Liable-To be liable for an action means that you are legally responsible for it and can be held
accountable for its consequences.
Malpractice-Malpractice is the delivery of substandard care that results in harm to a patient.

Negligence-The failure to perform an action consistent with the accepted standard of care is
negligence.

out-of-court settlement-the two parties reach an agreement without the intervention of a judge or
jury.

Plaintiff-the person claiming to have been harmed by the defendant

private law-In contrast to public law, when a private law is violated, the offense may lead to a
civil action, in which the defendant is sued in civil court by the plaintiff, the person claiming to
have been harmed by the defendant

protected health information (PHI)-is any part of a patient’s health information that is linked to
information that identifies the patient, such as date of birth, name, Social Security number, or
address.

public law-When a public law is violated, the offense leads to a criminal action, and the violator
is prosecuted by the public in the person of the government’s attorney (the district attorney).

scope of practice- As a phlebotomist, you must perform only those procedures that you have
been properly trained to perform and that fall within your scope of practice as a phlebotomist.

statutory law-is created by a legislative body.

tort- is defined as any wrongful act that causes harm or injury to another person

HIPAAHealth Insurance Portability and Accountability Act


IRSInternal Revenue Service
OSHAOccupational Safety and Health Administration
PHIprotected health information

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