Final answer:
To prove malpractice against a phlebotomist, the plaintiff must prove a duty of care, a breach of that duty, injury caused by the breach, and resulting damages, all by a preponderance of the evidence.
Step-by-step explanation:
Requirements for Proving Phlebotomist Malpractice
In cases of phlebotomist malpractice, the plaintiff must establish several key elements to show that the phlebotomist has indeed committed a malpractice. First, a duty of care must have existed between the phlebotomist and the patient. The phlebotomist must also have breached this duty through actions or omissions that fell below the accepted standard of care in phlebotomy. As a result of this breach, an injury must have occurred to the patient. Finally, the injury should have led to specific damages, which can be economic, such as medical bills, or non-economic, such as pain and suffering. The burden of proof in such civil cases is "beyond a preponderance of the evidence," meaning the evidence must weigh more heavily in support of the plaintiff's claims than against them.