Ethical and Legal Issues Laboratory Operations Review 62
TERM EXPLANATION
Confidentiality
Protected health information (PHI)
Invasion of privacy
Informed consent
Expressed consent
Implied consent
Informed refusal
Negligence
Malpractice
The right of a patient to have his/her medical information kept private. Restriction of access to
information to those who have authorization and a need to know.
All individually identifiable health information, including lab results. HIPAA requires health-care
providers to establish extensive security measures to ensure privacy. Unauthorized disclosure of
medical information could lead to charges of breach of confidentiality or invasion of privacy.
The wrongful intrusion into a person’s private affairs, e.g., unauthorized disclosure of confidential
medical information.
Consent for a medical procedure given by patient after procedure & possible risks have been
explained. May be expressed or implied.
Written or verbal consent.
Consent that is inferred from action or signs; e.g., a patient sits in phlebotomy chair & extends
arm. Action implies consent for venipuncture.
Patients have right to refuse medical treatment/procedures.
Violation of duty to exercise reasonable skill & care.
Misconduct or negligence that results in injury to patient.
continued...
