Report: March 2014
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Blood Draws, Testing, Transfusions: Venipuncture Injury, Inaccurate Results, Tainted Blood - The Liability Risks
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Introduction
Blood Draws, Testing, Transfusions: Liability Issues
Blood draws, tests, and transfusions are among the most common medical procedures performed. More than 41,000 donations of blood, all requiring blood draws, are needed every day. Blood tests are routinely performed and evaluate how well specific organs (such as the kidneys, liver, thyroid, and heart) are performing; are used to diagnose specific medical conditions (such as cancer, diabetes, or anemia); or help assess other specific medical issues (such as how well medications are working). An estimated 5 million patients receive blood annually, resulting in 14.6 million transfusions per year. As with any medical procedure the risk of injury from a blood draw, test, or transfusion exists. A blood draw can cause a puncture or nerve injury, blood test results can be inaccurate or untimely, leading to injury, and transfusions can cause infections or allergic reactions. Adverse consequences can lead to litigation. Attorneys, physicians, hospitals, insurers, employers and others who may be involved in litigation should be aware of the types of lawsuits and other liability issues that may arise in connection with blood draws, tests, and transfusions.
The Perspectives: Improve Your Strategy
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Attorneys:
What proof is needed to establish medical malpractice for an injury resulting from a blood draw, test, or transfusion? And, what is a potential strategy for the attorney to employ?
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Physicians:
How can liability for medical malpractice be avoided for an injury resulting from a blood draw, test, or transfusion? And, what is a potential strategy for the physician or other provider to employ?
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Insurers:
Can a payout under a medical malpractice liability policy be avoided by proof that the health provider was not negligent or there was no coverage for an injury resulting from a blood draw, test, or transfusion? And, what is a potential strategy for the insurer to employ?
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Employers:
Can an employer be subject to liability for an employee’s injury resulting from a blood draw, test, or transfusion? And, what is a potential strategy for the employer to use?
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Practice the Technique: Checklists
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Attorneys:
Check this list of facts and circumstances tending to show a provider’s liability for medical malpractice or negligence for an injury resulting from a blood draw, blood test, or transfusion.
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Physicians:
A physician or other health provider, such as a phlebotomist or nurse, should review the items on this list when defending against claims of malpractice or negligence involving blood draws, blood testing, or blood transfusions.
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Insurers:
The insurer should check these “red flags” and inconsistencies when investigating a claim of injury related to a blood draw, test, or transfusion.
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Employers:
Use this checklist to determine if the employee’s blood draw, blood test, or blood transfusion injury is “work related” and occurred “in the course of the employment.”
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Expert Analysis
Litigation
Alternative Dispute Resolution
Arbitration or mediation may be required by contract or statute, may be mandated by the court or, in some circumstances, may be the appropriate method for a negotiated resolution.
Reasons to Reach Settlement
The following are reasons why the attorney, physician, insurer, or employer would want to reach settlement, and not take the action to trial.
Reasons To Go To Trial
The following are reasons why the attorney, physician, insurer, or employer would want to take the action to trial.
Jury Awards and Settlements
How much have juries awarded and what settlements have been reached recently in malpractice or medical negligence cases involving blood draws, blood testing, or blood transfusions?
Medical Examples
Blood Draws, Testing, and Transfusions
This section provides detailed medical information on blood draws, blood testing, and blood transfusions, guidelines for the procedures including steps in performing the procedures, and discusses the patient’s prognosis and ability to work.
Law and Medicine Resources
Law and Medicine Resources
Provided is a listing of law and medical references for further information on blood draws, testing, and transfusions.
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Blood Draws, Testing, Transfusions: Venipuncture Injury, Inaccurate Results, Tainted Blood - The Liability Risks
Table of Contents
Introduction
Expert Analysis
Florence Shu-Acquaye, JSD, LLM
Robert Steinbuch, JD
Diane C. Crawford
University of Arkansas for Medical Sciences
The Perspectives: Improve Your Strategy
Attorneys
Physicians and Health Providers
Insurers
Employers and Risk Managers
Practice the Technique: Checklists
Attorney Checklist
Physician Checklist
Insurer Checklist
Employer Checklist
Alternative Dispute Resolution
Reasons to Reach Settlement
Reasons To Go To Trial
Jury Awards and Settlements
Blood Draws, Testing, and Transfusions
Law and Medicine Resources
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