Phlebotomy - Legal Terminology - Chapter 3

Tort

A civil wrong committed against a person or person's property. The person or persons claimed to be responsible for the tort are sued for damages. Tort law is based on fault. The accountable person either did not meet his or her responsibility or performed a task below the allowable standard of care. Torts are civil wrongs and NOT based on contracts.

Battery

A complex legal term referring to the intentional touching of another person without consent, and /or beating or carrying out threatened physical harm. "Battery" always includes an assault, and is therefore commonly used with the term in "assault and battery." Liability of hospitals, physicians, and other health care workers for acts of battery is most common in situations involving lack of or improper consent to medical procedures, such as blood collecting.

Breach (neglect) of duty

A legal term referring to an infraction, violation, or failure to perform. For example, something was performed when it should not have been performed OR nothing was done when it should have been done.

Assault

A legal term referring to 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. An assault may be permissible if proper consent has been given. (e.g., consent to obtain a blood specimen).

Subpoena

Court order for a person and documents (e.g., health care worker and phlebotomy technical procedures) to be brought to court proceedings.

Malpractice

Defined as professional negligence. Improper or unskillful care of a patient by a member of the health care team, or any professional misconduct or unreasonable lack of skill.

Civil law

Different from criminal law. In civil law, the plaintiff sues for monetary damages.

Negligence

Failure to act or to perform duties according to the standards of the profession.

Defendant

Individual (e.g., a health care worker) against whom a legal action (civil or criminal) or lawsuit is filed.

Malice

Knowing that a statement is false or making a statement with reckless disregard of the truth.

Criminal actions

Legal recourse for acts against the public welfare; these actions can lead to imprisonment of the offender. Criminal cases involve the gov't vs. an individual or entity.

Plaintiff

The claimant who brings a lawsuit or action.

Res ipsa loquitur

The doctrine or principle that "the thing speaks for itself." It is a rule of evidence that occurs when the plaintiff is injured in such a way that he or she cannot prove how the injury occurred or who was responsible for its occurrence. This doctrine is usually applied in medical malpractice cases in which the injured party was in surgery, is unconscious, or was an infant. An example is an infection that resulted from an unsterile instrument.

Misdemeanor

The general term for all sorts of criminal offenses not serious enough to be classified as felonies; usually punishable by fines, prison penalties, or forfeiture.

Litigation process

The process of legal action to determine a decision in court. Many malpractice cases are negotiated and settled out of court.

Invasion of privacy

The unauthorized release of information about a patient. The law does not allow any personal information on a patient, such as HIV test results, to become public without the patient's permission.

False imprisonment

The unjustifiable detention of a person without a legal warrant.

Liable

Under legal obligation, as far as damages are concerned.

Respondeat superior

Under this concept, supervisors and directors may be held liable for the negligent actions of their employees.

Misrepresentation

Use of misleading information or omission of important facts.

Felony

Varies by state, but generally is defined as public offense; if the defendant is convicted, he or she will spend time in jail.