ASCP (American Society for Clinical Pathology) Phlebotomy Technician Certification Practice Exam

Question: 1 / 400

What is the legal term for failure to act according to the standard of care in phlebotomy?

Malpractice

Negligence

Negligence refers to the failure to take reasonable care in performing a duty, which can lead to harm or injury. In the context of phlebotomy, it describes a situation where a phlebotomy technician does not follow the accepted standards of practice, resulting in a patient’s injury or complication. This entails not only the physical act of drawing blood but also adhering to safety protocols, securing informed consent, and communicating effectively with patients.

For example, if a phlebotomy technician draws blood without properly identifying the patient or using unsterile equipment, and this results in a serious infection or other complications, this could constitute negligence. The legal implications arise because there is an established standard of care in the medical community that phlebotomy technicians are expected to meet, and failing to adhere to these standards can have serious consequences for patient safety.

While malpractice is often associated with professional negligence, it implies a higher standard of care, generally involving more complex cases or more severe repercussions. Abandonment refers to the improper termination of care once treatment has begun. Misconduct can encompass a broader range of inappropriate behavior that may not directly relate to the standard of care. Therefore, negligence is the most accurate legal term for the scenario described in the context

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Abandonment

Misconduct

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