A phlebotomist is a person that is trained to draw blood from a patient. They work in hospitals, medical and diagnostic labs, blood donor centers, and doctor's offices. Phlebotomists are supervised by another medical professional. Phlebotomists can get a phlebotomy certificate in 6 months to one year. Qualifications vary by state. Show Injuries The drawing of blood is a frequent, common procedure in medical practices. Normally, no serious injuries occur. However, if blood is drawn improperly, it could lead to severe injuries. The most critical injury concerns the nerves, which can leave patients with life-lasting effects. These can include swelling, numbness, loss of function, and can require surgeries to correct. A patient could also develop post-tourniquet Syndrome. This is a prolonged swelling of an extremity, usually caused by blood returning to the area after the phlebotomist releases the tourniquet. If your symptoms continue for a few days, it is important to seek prompt medical attention to help limit the chronic pain and nerve damage. The leitmotif in many successful phlebotomy malpractice lawsuits that end in settlement or verdict is that the phlebotomist should have used the median cubital vein but, for whatever reason (usually convenience) chose another path.Another common theme is the phlebotomist who makes too many collection attempts. After two failed attempts, another phlebotomist or preferably a supervisor is asked to intercede and be consulted in the collection attempt. The standard of care is that a phlebotomist should not try more than two collection attempts on any patient. The standard of care also requires that the phlebotomist insert the needle with a clean stick into the vein. A “clean stick” is defined as one smooth be poking or prodding and entering the vein without penetrating through it, under or around it. The phlebotomist should not be probing or digging around in the patient's arm trying to get in an IV or getting a blood sample.
Verdicts and Settlements Below is a list of some sample verdicts and settlements from recent cases. You can use sample settlement and verdicts as a guide in figuring out what possible outcomes could be in your case if it is successful. That said, it is just one piece of the puzzle of understanding the settlement or verdict range of your case. You can look at an analysis of a Baltimore, Maryland phlebotomy lawsuit here.
Getting a Lawyer to Help You Fight Back If you or a loved one has suffered serious side effects and deaths caused by a mistake of a phlebotomist in Maryland or the District of Columbia, call us today at 800-553-8082 or get a free, no-obligation online case review. More Phlebotomy Malpractice Information
What complications of phlebotomy can result in legal action?What complications of phlebotomy can result in legal action? Fainting or convulsing patient, hematoma, accidental arterial puncture, nerve damage, exposure of the patient to blood-borne pathogens of another patient, and mislabeled/unlabeled samples.
What are the common legal issues associated with phlebotomy?If a phlebotomist intentionally holds a patient down or uses more force than necessary, he has committed battery. This can not only end a career, it can lead to ruinous lawsuits and criminal charges. Another issue that falls into the category of assault and battery is use of a dirty needle.
What is the most serious error a phlebotomist can make?Most often these errors can be prevented by the phlebotomist following correct venipuncture procedure for every procedure, every time. Hidden errors include hemoconcentration, incorrect order of draw, and (the most serious of all errors) misidentification of patient or specimens (Table 5).
What are the two most important legal aspects of phlebotomy?The two most important legal aspects to a phlebotomist are obtaining informed consent and maintaining patient confidentiality.
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