Appellate Opinion Research Project
Appellate Opinion Research Project
By: LaVetra Speight
ASCM 627 Legal Aspects of Contracting
University of Maryland University College
Due: November 9, 2014
Introduction
In this country, it is estimated that more than 1 billion venipunctures or blood drawings are performed by phlebotomists each year. According to Ogden-Grable (2005), phlebotomy errors can cause serious harm to patients; up to and including death, either directly or indirectly. Therefore it is vital to establish, implement, and practice quality control which can help in preventing the number of errors made in this area of clinical service.
I conducted my research on the Maryland state appellate case between the Board of Trustees, Community College of Baltimore County and Patient First Corporation. The Court of Special Appeals of Maryland reviewed the case on August 29, 2014 which involved a student phlebotomist’s negligence during a routine blood drawing of a six year old child. Being that I am a mother of two young children, this case really hit home for me because every year I take them for annual check-ups, vaccinations, and blood work. It really opened my eyes to see some of the possible risks that can arise during a simple blood drawing. Our Pediatrician often utilizes students from local colleges and universities to assist her with patients both independently or with limited supervision. The healthcare field requires hands-on experience, but it should be carefully monitored to prevent accidents. The care of children should never be put in jeopardy due to negligence or lack of properly trained healthcare workers.
The appellate case between Patient First Corporation (“Patient First”) and the Board of Trustees of the Community College of Baltimore County (“CCBC”) involved an agreement in which Patient First allowed CCBC venipuncture students to work at Patient First centers in the Baltimore area in order to gain “supervised clinical experience.” The agreement between the parties
By: LaVetra Speight
ASCM 627 Legal Aspects of Contracting
University of Maryland University College
Due: November 9, 2014
Introduction
In this country, it is estimated that more than 1 billion venipunctures or blood drawings are performed by phlebotomists each year. According to Ogden-Grable (2005), phlebotomy errors can cause serious harm to patients; up to and including death, either directly or indirectly. Therefore it is vital to establish, implement, and practice quality control which can help in preventing the number of errors made in this area of clinical service.
I conducted my research on the Maryland state appellate case between the Board of Trustees, Community College of Baltimore County and Patient First Corporation. The Court of Special Appeals of Maryland reviewed the case on August 29, 2014 which involved a student phlebotomist’s negligence during a routine blood drawing of a six year old child. Being that I am a mother of two young children, this case really hit home for me because every year I take them for annual check-ups, vaccinations, and blood work. It really opened my eyes to see some of the possible risks that can arise during a simple blood drawing. Our Pediatrician often utilizes students from local colleges and universities to assist her with patients both independently or with limited supervision. The healthcare field requires hands-on experience, but it should be carefully monitored to prevent accidents. The care of children should never be put in jeopardy due to negligence or lack of properly trained healthcare workers.
The appellate case between Patient First Corporation (“Patient First”) and the Board of Trustees of the Community College of Baltimore County (“CCBC”) involved an agreement in which Patient First allowed CCBC venipuncture students to work at Patient First centers in the Baltimore area in order to gain “supervised clinical experience.” The agreement between the parties
References: Board of Trustees Community College of Baltimore County v. Patient First, Md. 568 (2014) Crockett v Crother, 264 Md. 222, 224 (1972) Graham, J. A. (2014, September). Maryland Court of Special Appeals Affirms Lower Court’s Finding that Indemnification Provision Applied to Negligent Venipuncture of Phlebotomy Student. Retrieved from http://www.martindale.com/appellate-practice-law King, D. B. & Ritterskamp, J. J. (1998). Purchasing Manager’s Desk Book of Purchasing Law. New York, NY: Aspen Publishers. Kreter v. Healthstar, Inc., 172 Md. App. 243, 254(2007) Norddeutscher Lloyd v Jones Stevedoring Co. 490 F 2d 648, 649 (1973) Ogden-Grable, H. (2005). Phlebotomy Puncture Juncture: Preventing Phlebotomy errors- Potential For Harming Your Patients. Laboratory Medicine (p 430-433).