Medical Ethics and Law Flashcards

Under CLIA, a laboratory that sends its proficiency testing samples to another lab for analysis before reporting results faces which consequence?

Answer: Possible revocation of its CLIA certificate for at least one year

CLIA prohibits PT referral, and intentional referral can lead to certificate revocation for at least one year.

Which legal doctrine holds a hospital liable for the negligent acts of a medical technologist performed within the scope of employment?

Answer: Respondeat superior

Respondeat superior ("let the master answer") makes employers liable for employees' on-the-job negligence.

A technologist draws blood from a competent adult who clearly refused the procedure. This act most accurately constitutes:

Answer: Battery

Battery is unauthorized, intentional physical contact, which includes performing a procedure without consent.

Which four elements must a plaintiff prove to establish negligence?

Answer: Duty, breach of duty, causation, damages

Negligence requires a duty owed, a breach of that duty, causation, and resulting damages.

Under HIPAA, which disclosure of PHI does NOT require patient authorization?

Answer: Sharing results with the treating physician for care

HIPAA permits PHI disclosure without authorization for treatment, payment, and health care operations.

The ethical principle that obligates a technologist to "do no harm" is:

Answer: Nonmaleficence

Nonmaleficence is the duty to avoid causing harm to patients.

Which federal agency enforces the Bloodborne Pathogens Standard in clinical laboratories?

Answer: OSHA

OSHA enforces 29 CFR 1910.1030, the Bloodborne Pathogens Standard, to protect workers.