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Elle CVPM Cards > Law & Ethics > Flashcards

Law & Ethics Flashcards

1
Q

Trade Area: Two Calculations

What are they? Which is best?

A

Drive time and Radius Ring.

Drive time is best.

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2
Q

Bailment - what is the definition?

Who is the bailor and bailee with a DVM and Client Owner?

A

Bailment is delivery of something personal to be held according to purpose and then returned.

Client is Bailor, DVM is Bailee

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3
Q

What 2 elements are essential for the creation of Bailment?

What is primary duty of Bailee?

Can Bailment be oral vs written?

A

1) physical property delivery from Bailor to Bailee
2) there must be knowing acceptance of possession of property by Bailee

To return animal as received

Yes it can be oral vs written

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4
Q

The law of negligence requires proof of four essential elements, what are they?

A
  1. Establish duty to prevent an injury/duty of care
  2. Establish that duty was violated by failing to act in accordance with the standard of care of other DVMs in similar circumstances
  3. Show a reasonable close causation connection (proximate cause)
  4. Prove actual harm or damage occurred
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5
Q

Privacy Act of 1974

A

Requires a written consent from client to release medical records

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6
Q

When a veterinarian accepts custody of a client’s pet; which party is the Bailor and which is the Bailee?

What 2 elements are essential for the creation of a bailment?

What is the primary duty of the Bailee in our veterinary example?

Can a bailment be oral as opposed to written?

A

Client is Bailor, Hospital Bailee

  1. Property Transfer 2. Knowledge of transfer

To return it in as good of condition as received

Yes can be oral

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7
Q

The law of negligence requires proof of four essential elements, what are they?

A

1 – Establishing that the defendant had a duty to prevent an injury from occurring to the plaintiff or the plaintiff’s property.

2 - Establishing that the defendant violated that duty by failing to act in accordance with the standard of care expected of other DVMs under the same or similar circumstances.

3 – Showing that a reasonably close causal connection existed between the defendant’s DVMs conduct or lack of conduct and the resulting injury (doctrine of proximate cause).

4 – Proving that the actual damage or harm occurred to the interests of another person.

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8
Q

The Sherman Antitrust Act was enacted in 1890 and the goal of the act is to guarantee the freedom to compete.

Who is responsible for the interpretation and application of the competitive objectives of the anti-trust laws?

What 3 things must you prove?

A

The courts, the Department of Justice, and the Federal Trade Commission.

Proof of contract to do or not do an act that will restrain interstate commerce and there is proof of intent.

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9
Q

There are two rules the courts will use when making a ruling regarding Antitrust Laws, what are they?

A

A - The Per Se Rule and the Rule of Reason.

Rule of Reason: courts evaluate the legality of a restraint and consider a variety of market factors. It can unreasonably restrain trade.

Per Se Rule: illegality is limited to those practices that lack any redeeming virtue and have no purpose but to stifle competition.

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10
Q

Veterinary Medical Records are governed by which bodies and are kept for how long?

A

Mandated by Veterinary Practice Act of each state.

AVMA Principles of Veterinary Medical Ethics spells out minimum requirement.

AAHA hospitals have to abide by their guidelines as well.

Kept for 3-5 years depending on state.

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11
Q

Define At Will Employment

A

Form of employment in which the employee is serving the employer at the will of both parties. Employer can terminate employees with or without cause.

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12
Q

Define the ideal witness to a termination

A
  1. Same Gender
  2. Supervisory role
  3. Not direct peer
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13
Q

What are 8 Express Exceptions to At-Will Employment:

A
  1. Collective Bargaining Agreements
  2. Specific contracts that indicate a time period for employment
  3. Dismissals based on race, sex, color, gender, by Civil Rights Act
  4. Dismissals based on age if over 40 (ADEA)
  5. Dismissals based on pregnancy
  6. Dismissals based on employees not wanting to work in a hazardous environment (OSHA)
  7. Dismissals if employee files bankruptcy
  8. Dismissals if employee served on federal jury.
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14
Q

Confidentiality of patient records must be kept unless one of these 7 situations arises:

A
  1. The client or client’s agent agrees
  2. The law requires disclosure
  3. The animal’s health is at stake
  4. Negligence is a concern
  5. Subpeona or court order
  6. There is a state board issue
  7. Legal dispute
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15
Q

Who can employees discuss patient information with?

A
  1. Client
  2. Veterinarian
  3. Other employees treating the case
  4. The client’s agent
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16
Q

When a court considers the reasonableness of a non-compete, they assess what five items:

A
  1. Relationship between employer and employee
  2. Scope of activity restricted
  3. Time limitation
  4. Geographic constraints
  5. Adequacy of consideration
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17
Q

Veterinarians working at more than one location must do what when it comes to prescribing/administering/dispensing controlled substances? (2 things)

A
  1. They can prescribe controlled drugs if they are registered at some principal place of business
  2. They can administer/dispense but they have to be classified as a any employee of a registrant or they must register at each facility where they are employed.
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18
Q

What are the 4 provisions of administering controlled substances by non-veterinary staff? What can they never do legally?

A

They can never legally prescribe ANY medication under state practice act laws.

They can administer if:
1. If they are agents or employees of the registrant.
2. They are acting in the normal course of business
3. They are acting under the direction of a licensed veterinarian
4. They are under the direct supervision of a licensed veterinarian.

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19
Q

Completing DEA 222 Forms

A

Copies 1 and 2 are submitted to the supplier.

Copy 3 is retained by registrant.

The supplier keeps copy 1 and sends copy 2 to the DEA.

When the shipment arrives, the date of receipt, the number of containers of each drug should be documented on Copy 3 of the original order form that was retained.

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20
Q

Record Keeping of Controlled Substances (3 things).

A

Have to have a record of all transactions.

Schedule 2 must be stored away from medical record.

Schedule 3-5 can be stored in medical record but has to be readily retrievable thus it is not recommended and should be stored separate with Schedule 2.

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21
Q

Lending Controlled Substances to other DVMS. What is the process for Schedule 3-5 and Schedule 2?

A

Schedule 3-5:
- Transfer the quantity of drug to another registration and obtain a receipt signed by the DVM who received the drug. Store the invoice in the record keeping system.
- the receiving DVM should keep copies of receipts showing the drug was received from another DVM instead of supplier.
- Drugs can be returned to the DVM from whom they were borrowed, using the same method.

Schedule 2: Same as DEA-222 form, but the supplying DVM keeps Copy 1, sends copy 2 to DEA, and Copy 3 goes to DVM receiving the drugs.

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22
Q

Explain transferring of drugs when a DVM acquires a new practice: (5 steps)

A
  • An initial inventory must be taken
  • The DVM transferring the drugs should prepare an invoice of all the drugs and it should be date and signed by BOTH giver and receiver.
  • The paperwork should say if inventory was taken at beginning or end of day.
  • Schedule 2 has to be hard count
  • Schedule 3-5 can be estimated unless it is over 1000ct bottle. These records must be maintained with all the receipts from distributors.
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23
Q

After the initial inventory is taken, how long until the next inventory and how long do records have to be retained for?

A

Bi-annual inventories, and records maintained for 2 years.

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24
Q

Storing Controlled Drugs - 4 Thoughts

A
  1. Must be stored in securely locked substantially constructed cabinet or safe
  2. Drug stocks should be at a minimum
  3. Access to storage area should be restricted to a minimum
  4. Schedule 3-5 can be stored with non controlled drugs but has to be in substantial container
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25
Q

What form do you fill out for theft, loss, spillage, or breakage of controlled substances?

A

DEA Form 106

26
Q

Can a a practice employ an individual who had their DEA application revoked or denied?

A

They cannot employe them if they will have access to controlled drugs while on duty.

27
Q

DEA Inspections - what can they do and what can they not do?

A

They can enter controlled premises and conduct inspections for the purpose of copying and verifying accuracy of records, report related to controlled substances.

They cannot inspect, without permission, financial, sales, and pricing data.

The inspection should be done at a reasonable time and manner.

28
Q

Who regulates all persons involved in the legitimate chain of manufacture, distribution, or dispensing of controlled drugs?

A

Controlled Substance Act of 1970

(Which is Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970)

29
Q

Who has the authority to reschedule a drug, bring an unscheduled drug under control or remove the controls on a drug?

A

Attorney General and DEA

30
Q

Unjust Enrichment - what is it,and what are the 4 elements for applying it to a situation?

A

Unjust Enrichment (law) was created to avoid unjust enrichment of one party at the expense of another (owner received ER care at DVM expense).

4 Elements:
1. The more valuable an animal is the greater chances for financial recovery
2. The more emergent the animal’s needs are the more leeway exists to provide the ER care
3. The DVM attempted to reach the owner prior to medical care
4. The extent of the emergency care required to stabilize the patient was reasonable.

31
Q

What should be evaluated in ethical dilemmas - the situation or the act?

A

According to Jim Wilson, the Situation. What may be unethical in one scenario may not be in a different one.

32
Q

Moral Distress occurs when (2):

A
  1. You know the ethically appropriate action to take, but unable to act on it.
  2. You act in a manner contrary to your personal or professional values
33
Q

4 As to Rise above moral distress: (with the 4 R’s)

A
  1. Ask
  2. Affirm
  3. Assess: Relevance, Risk, Rewards, Roadblocks,
  4. Act
34
Q

What is the top complaint to the board of veterinary medicine?

A

Poor communication

35
Q

Three (or Four) Elements of a Contract

A
  1. Offer
  2. Acceptance (express or implied)
  3. Consideration
  4. Intent to Contract
36
Q

Promissory estoppel

A

Although there may be no formal agreement, justice requires enforcement of one’s promise when another party has justifiably relied on that promise, changed its position, and incurred substantial detriment.

(Think of new grad example)

37
Q

What are three reasons that would invalidate a capacity to contract?

A
  1. Minor
  2. Mental Disability
  3. Intoxication/Substance Abuse
38
Q

Statue of Frauds (what is it, and examples)

A

Requires the production of a written contract versus an oral one.

Example: real estate, leases longer than a year, contracts longer than a year, contracts for debt of another, contracts for sales of goods over a specific price.

39
Q

Parole Evidence

A

When two parties sign a contract and included this clause stating that the writing represents the whole contract, oral testimony against that won’t be permitted.

40
Q

What are the 3 types of financial statements from your accounting professional:

A

Audited *most detailed and highest level of assurance.
Reviewed
Compiled

41
Q

Two basic types of insurance coverage:

A
  1. Liability Coverage - covers damages DVM causes to other person, pets, or property.
  2. Property Insurance - covers damage to the insureds own property.
42
Q

Special Form of Liability — Malpractice.

What 4 essential elements have to be proven beyond a preponderance of the evidence:

A
  1. Duty - Duty to practice within the standard of care at VCPR
  2. Breach of Duty — failure to act in accordance with standard of care
  3. Proximate Cause — the connection between the negligent act and the harm to the patient or client
  4. Damages — Harm incurred to patient or client was a direct result of negligent act
43
Q

Once a VCPR is established, treatment must continue until one of 5 things occurs:

A
  1. The animal recovers
  2. The practitioner has completed all treatment that was agreed upon
  3. The animal dies
  4. The client terminates VCPR
  5. The responsibility for treatment is transferred to another practitioner with the consent of the client.
44
Q

Contributory Negligence

A

When DVM can show that the client was also negligent in the care of animal. Proof of any degree may serve to eliminate recovery by client.

45
Q

Comparative Negligence

A

Similar to Contributory, except client recovery is determined but he percentage of negligence on part of client.

Usually if client is found to be over 50% negligent, the client cannot recover damages.

46
Q

Avoiding Malpractice Suits - 5 suggestions

A
  1. CE
  2. Medical Records
  3. Informed Consent
  4. Staff Training
  5. Referrals
47
Q

In making a judgement, a court can be expected to ask for evidence from at least three additional places besides the expert testimony:

A
  1. State practice act
  2. Rules and regulations adopted by state board
  3. AVMA and AAHA standards or those from a state or national vet association
48
Q

Three types of damages awarded in negligence claims:

A

Nominal, compensatory and punitive.

Nominal - when plaintiff wins but there is insufficient proof of actual damages to support more than $1

Compensatory - plaintiff should be compensated for injury/damage. Usually intended for a being.

Punitive - awarded in addition to compensatory damages and are for malicious gross negligence.

49
Q

Three types of compensatory damages

A
  1. Special - market rate of animal
  2. General - when owners emotions and mental health are applied
  3. Consequential - when expenses are due to defendant’s negligence like vet bills
50
Q

Res Ipsa Loquitur

A

“It speaks for itself”
An accident can occur that indicates a negligence act was probably present

51
Q

Top board complaint is due to…?

A

Poor communication

52
Q

Modern Consumer Law has two principles - what are they and what are they for?

A
  1. UCC (Uniform Commercial Code) - Sales of Goods.

This makes sure consumer transactions are consistent among states and protects buyers from unfair business practices.

  1. Common Law - applies to labor/services.
53
Q

Under Common Law Acceptance, there is Meeting of thee minds which has two kinds of agreement:

A
  1. Express Acceptance/Contract
  2. Implied Acceptance/Contract
54
Q

Under Breach of Contract, the non-breaching party is entitled to verdict for damages. What are Special Performance, Restitution, and Duty to Mitigate Damages?

A

Special Performance - when damages are indeaqueatoe to compensate the non-breaching party - the breaching party has to comply with terms in the contract

Restitution - a contract remedy that can be requested as an alternative to monetary damages or specific performance. (Require breaching parties to give up unfair gains).

Duty to Mitigate Damages - the party suffering the breach must attempt to mitigate damages incurred.

55
Q

The Law of Quasi Contracts - also called something else and has 4 critical factors to consider:

A

Law of Unjust Enrichment

  • Law should not allow on person to be unjustly enriched at the expense of another

Critical Factors:
1. The more valuable the animal the better the chance for recovery
2. The more emergent the anaml’s needs are the more leeway to provide required emergency care
3. The DVM’s attempt to reach owner prior to rendereing medical care
4. The extent of emergency care required to stabilize patient

56
Q

Sherman Anti-Trust Act (4 requirements must be met):

A
  1. There must be at least two people acting in concert
  2. the restraint must involve trade or commerce
  3. The restraint must include interstate commerce (the actual effect must be both adverse and substantial)
  4. The restraint must be unreasonable
57
Q

FTC Red Flag Rule

A

Requires creditor to create written identity theft prevention programs for early detection of identity theft warnings.

DVMs are excluded but obligated under other laws to protect certain types of information (like client records).

58
Q

The risks of liability center on causes of action. Define those two causes of action.

A

1 – The tort of outrageous conduct.

2 – The right not to have one’s sensibilities shocked.

59
Q

Very often the complexity of the legal system and the sluggish progression of cases (among other things) will discourage people from using the judicial system. There are three alternatives to a lawsuit to settle a dispute. What are they and briefly define each one?

A

1 – Negotiation. A conversation between the involved parties with or without legal counsel.

2 – Mediation. The use of an intermediary who is a neutral party and in whom both sides have confidence. The parties are not required to accept the mediator’s findings.

3 – Arbitration. Similar to Mediation except that the findings of the neutral arbitrator are generally binding on the parties.

60
Q

The risks of liability center on causes of action. What are those two causes of action?

A
  1. The tort of outrageous conduct
  2. The right not to have one’s sensibilities shocked
61
Q

Examples of license board violations: (7)

A

Elle CVPM Cards (6 decks)

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