3 - Ethics, Legal & Regulations

Question 1

The standard of care presently used in phlebotomy malpractice legal cases involving health care providers is based on the conduct of the average phlebotomist in what area?

Answer 1

national community

Question 2

When a phlebotomist gives aid during an emergency, he or she is usually protected through what?

Answer 2

implied consent

Question 3

What is the failure to act or perform duties according to the standard of care for phlebotomy?

Answer 3

negligence

Question 4

_____________The federal law enacted that regulates the quality and accuracy of laboratory testing (including phlebotomy procedures) by creating a uniform set of provisions governing all clinical laboratories

Answer 4

CLIA

Question 5

__________ legal concept refers to the voluntary permission by a patient to allow touching, examination, and/or treatment by health care providers.

Answer 5

Informed Consent

Question 6

_____ agency administers CLIA

Answer 6

CMS

Question 7

“The thing speaks for itself” is:

Answer 7

res ipsa loquitur

Question 8

The branch of government writes laws that are called statutes?

Answer 8

Legislative

Question 9

Which of the following has recognized rights for patients in health care organizations through “The Patient Care Partnership”?

Answer 9

AHA

Question 10

What is the best example of setting the standard of care for blood collection?

Answer 10

The Joint Commission

Question 11

A phlebotomist who routinely collects blood specimens from homebound patients should obtain information on the state’s law regarding:

Answer 11

patient’s confidentiality and HIV status

Question 12

_____________A consent document to collect blood for research purposes from patients is established

Answer 12

IRBs at institutions

Question 13

__________The legal term for improper or unskillful care of a patient by a member of the health care team, or any professional misconduct or unreasonable lack of skill

Answer 13

Malpractice

Question 14

A plaintiff can sue for damages under what law?

Answer 14

Civil

Question 15

For health care providers, liability insurance

Answer 15

Can sometimes be found at a reduced rate with organizations

Question 16

_______ The health care worker or institution against whom the action or lawsuit is filed

Answer 16

Defendant

Question 17

What may Supervisors be held liable for the negligent actions of their employees under?

Answer 17

respondeat superior

Question 18

_______The general term for criminal offenses not serious enough to be classified as felonies.

Answer 18

misdemeanor

Question 19

Who regulates the use of electronic transfer of patients’ information?

Answer 19

HIPAA

Question 20

The statute of _______ defines how soon after a negligent act that the plaintiff must file the lawsuit or be forever barred from doing so.

Answer 20

Limitations

Question 21

______ _______ occurs when the patient’s nonverbal behavior indicates agreement.

Answer 21

Implied consent

Question 22

What is assault?

Answer 22

Assault is an unjustifiable attempt to touch another person.

Question 23

What regulates blood collection for research?

Answer 23

The National Research Act

Question 24

What is negligence?

Answer 24

Negligence is a violation of a duty to exercise reasonable skill and care in performing a task.

Question 25

What is a consent document to collect blood for research purposes from patients?

Answer 25

IRBs at institutions