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Prof Resp Flashcards

1
Q

What is common law?

Given an example of something that would be considered a common law case?

A

Unwritten laws that arise as a precedent.

A body of law based on judicial decisions, I.e. it is based on normal practice, it is law developed by judges through decisions of courts

Murder, manslaughter, common assault

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2
Q

What is civil law?

A

Concerned with disputes between individuals and organisations

Deals with negligence (torts law)

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3
Q

Define statutory law

A

Laws that have been made by an act of parliament.
Government introduce a bill to update existing laws/develop new laws.
The bill is debated in parliament and once passed is drafted into law.

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4
Q

What is criminal law?

A

Deals with disputes between society and individuals or organisations (e.g.RSPCA/police).
Deals with breaches of legislation.

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5
Q

What is the purpose of criminal law?

A

To maintain law and order and protect the public

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6
Q

Who hears a civil case ?

A

Up to 3 judges

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7
Q

Who hears a criminal case?

A

A judge and a jury

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8
Q

What is involved in a civil case in terms of outcome?

A

Each case will have different ‘counts’. Each one is viewed individually.
The defendant will be found liable or not liable.
Either party can appeal.
Consequence usually monetary. There is no custodial sentence unless fines are not paid (& would then be dealt with in criminal court as contempt of court)

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9
Q

What is the outcome of criminal court?

A

Defendants are presumed innocent until sufficient proof.
Either innocent or guilty.
Results in a custodial sentence, community service, fines or a combination

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10
Q

How long roughly do
A) civil
B) criminal
cases take?

A

A) 3-10 years

B) 1-2 years

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11
Q

How would civil law apply to a VN?

When would it no longer be a civil case?

A

Negligence

VNs have a duty of care in law ‘not to cause harm or loss to clients’.
If this does occur, the owner would have a negligence claim.
This would no longer be a civil case if the Animal Welfare Act or the Veterinary Surgeons Act were breached

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12
Q

What is a Precedent?

A

A legal decision that serves as an authoritative rule in cases that come after
I.e. decisions established in previous legal cases

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13
Q

Give 2 examples of Precedent Cases

A
  1. Donoghue vs Stephenson 1932
    - ‘love thy neighbour’ principle
    - duty of care to those who you should consider when you’re doing something
    - e.g. if a consumer receives an infected food product, even if they didn’t purchase it, they should be responsible for that consumer’s health.
  2. Bolam vs. Friem Hospital Management Committee 1957
    - A doctor conducted an electrotherapy on a patient but did not give muscle relaxant which resulted in injury. But other doctors would have done the same and it was scientifically valid as a decision.
    - Created the Bolam rule that is… a person is not negligent if they did something that other people within their profession would have done.
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14
Q

Give 3 examples of Statutory Law

A
  1. Finn’s Law
    - Protects service animals - stops humans being able to harm them and claim self defence
  2. Lucy’s Law 2019
    - Stops 3rd parties being able to sell puppies and kittens
  3. Animal Welfare (sentencing) Act 2021
    - Increased the sentence for animal neglect/welfare issues from 6 months to 5years.
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15
Q

What are the 3 stages in proving negligence?

A
  1. Is there a duty of care?
  2. Has there been a breach of that duty of care?
  3. Has this resulted in damage which could have been reasonably foreseeable?
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16
Q

What is the purpose of the rcvs?

A

To regulate VSs in accordance with the Veterinary Surgeons Act 1966 and VNs in accordance with the VSA 1966, The royal charter2015 and The Veterinary Nurse Conduct and Discipline Rules 2014. In order to protect the public interest and safeguard animal health and welfare.

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17
Q

What is Schedule 3?

A 
The VSA1966 (Schedule 3 Amendment) Order 2002.
It allows VSs to direct RVNs/SVNs who they employ, to carry out limited veterinary surgery (giving medical treatment or carrying out minor surgery - not entering a body cavity).
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18
Q

What is meant by

a) direction
b) supervision
c) direct, continuous supervision

A

a) VN instructs RVN/SVN to carry out a task, but is not necessarily present
b) VS is present on the premises and is able to respond to an assistance request if needed
c) VS or RVN is giving the SVN their undivided attention

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19
Q

What is the official name of the laws protecting animals in Scotland, England and Wales?

A

Animal Health and Welfare (Scotland) Act 2006

Animal Welfare Act (England and Wales) 2007

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20
Q

What do the AWA and AHWAs do in general?

A

Places a duty of care on owners and those in charge of animals to ensure their welfare needs are being met

21
Q

What are the 5 welfare needs?

A
  1. Need for suitable environment
  2. Need for a suitable diet
  3. Need to exhibit natural behaviour
  4. Need to be housed with/without other animals
  5. Need to be protected from pain suffering injury and disease
22
Q

What specific instructions does the AHWA detail?

i.e. it makes some things illegal

A
  • makes it illegal to neglect to ensure animal welfare
  • makes it illegal to cause a protected animal suffering
  • illegal to use an animal as a prize
  • increases age of buying an animal to 16
  • increased penalties for animal abuse to a possible 12months prison and fine up to £20k (before sentencing act)
  • allows the court to disqualify an owner from owning, keeping or being in charge of animals
23
Q

Who can remove an animal from danger?

A

Animal Health and Welfare Inspector working for the local authority
A member of the state veterinary service
An SSPCA inspector
Police Officer

24
Q

What are the main differences between england, scotland and wales in terms of tail docking regulations?

A

Mutilation prohibited.
Scotland -except hunt point retrieve & spaniel breeds (or combination)
England - Same as above + terriers (or combination)
Wales - Same as England except specific list of breeds and not any combinations.

In Scotland, no more than the end 1/3rd of a dog’s tail can be docked, must be carried out on dogs no older than 5d by a VS. VS must show evidence dog will be worked.
In England, dog no older than 5d and must be chipped by 3m. Owner and VS to fill out form.
In Wales, form is requested by government and sent straight to a veterinary practice.

25
What is the main difference between the AHWA 2006 and AWA 2007?
The Scottish one AHWA, incorporates agricultural laws, notifiable diseases etc. The English one is separate from an Agricultural Act
26
What law protects captive animals?
Protection of animals act 1911
27
What law regulates the breeding/keeping/transport of puppies?
Breeding of Dogs Act 1973
28
What legislation covers liability for damage done by dangerous animals?
Animals Act 1971
29
What should you do if you suspect animal abuse?
Initially discuss with client. Then can contact RSPCA/relevant authorities (without consent) if VS decides that the animal is at serious risk of being abused. ' when the public interest in protecting an animal overrides the professional obligation to maintain client confidentiality'
30
What influence does the VSA 1966 have on RVNs in practice?
Tells us only VS is allowed to diagnose, prognose, prescribe medical treatments, perform surgical treatment. Allows RVNs/SVNs to do more under the Schedule 3 Amendment 2002
31
What is fitness to practice?
Being able to demonstrate, in both professional and private life, that one can practise their profession properly, safely and with respect for the trust and responsibility placed upon them.
32
How do the AHWA and fitness to practice overlap?
In order to be 'fit to practise' you must be able to comply with your legislation
33
What is the aim of the health protocol?
To protect animals and the public interest by helping VSs and RVNs whose fitness to practise may be impaired because of adverse health
34
Give 2 examples of when the RCVS can take action in relation to an RVNs health?
1. Where the VS/RVN receives a criminal conviction which could render them unfit to practise 2. Where a VS/RVNs actions count amount to serious misconduct.
35
What 4 things would be health protocol related that could relate to professional misconduct?
- Refusal/failure to take steps to address physical/mental health issues that could impair fitness to practise. - Refusal/failure to take steps to address physical/mental health where there is harm or a risk of harm to animal or public health. - Refusal to comply with reasonable requests from RCVS for medical exams, reports or undertakings. - Breach of an undertaking given by RCVS
36
When should whistle-blowing be considered?
- It will do more good than bad - It serves a purpose in correcting or preventing poor practice - It is done in a reasonable manner - All other internal channels of complaint and redress have been exhausted.
37
Is there a legal duty of care to animals?
No, the legal responsibility is for the owner and their property
38
Discuss a scenario's considerations if you were to offer veterinary assistance outside of the practice
Difficulty arises if a nurse acts as a good Samaritan and causes further injury by administering negligent first aid. There is no legal obligation for a VN to help, although the regulatory body (RCVS's CoPC) may suggest otherwise.
39
Describe the Bolam Test
A person who claims to have a specific skill is judged according to the standard of the reasonable person who has the skill or qualification he/she professes to possess. Applies to new RVNs/SVNs etc (a client cannot be expected to distinguish between)
40
What must a client have suffered to prove negligence in practice? Give an example
Client must be able to show that the VN fell below a reasonable standard of care (the courts will determine this using Bolam test). Also must prove the incident was 'forseeable'
41
Describe what is meant by Res ipsa loquiter
'the thing speaks for itself' Courts are prepared to infer that defendant was negligent purely from the effect on the claimant e.g. if a swab was left in a patient after surgery. i.e. the incident would not have occurred but for negligence (no reasonable explanation)
42
What types of animal negligence are there?
Individuals can be liable 'in tort' for: - Negligence e. g. dog escapes and causes RTA - Battery e. g. setting a dog on someone - Nuisance e. g. noise/smell from kennels - Trespass e. g. allowing animals to enter another's land - Defamation e. g. teaching a parrot slanderous statements
43
What legislation would allow a VS to euthanise an animal without consent?
The Protection of Animals Act 1911 The Protection of Animals (Scotland) Act 1912 'failure to destroy an animal to prevent further suffering may amount to cruelty'
44
What does GDPR mean and what data does it cover?
General Data Protection Regulation | - Personal and Sensitive personal data
45
What are the principles of GDPR
- Data must be processed lawfully, fairly & transparently - Data must be collected for a specific legitimate reason - Data processed must be adequate but limited to necessary - Data must be kept up to date and accurate - Reasonable steps must be taken to update incorrect data - Data must be kept no longer than necessary - Organisations must take measures against unlawful processing, loss or damage to data
46
What must your practice do if there is a data breach?
- Mandatory notification of a security breach to ICO , without delay and within 72 hours of becoming aware of it. - Inform individuals involved without delay.
47
When do you need a data protection officer?
- if you have >250 staff - if you do large scale monitoring of individuals - if you large scale processing of specific categories of data/ data relating to criminal convictions
48
What are the SUPERB considerations for delegating tasks to RVNs/SVNs?
Specific procedure - are they allowed? Under care - has client given informed consent? Person - can you delegate to them? For an SVN is it at an appropriate level of their training? Experience - Are they competent? Know in emergency what to do? Risks - What are the risks with that procedure? Being there - Is the VS available to supervise if needed.
49
Describe the specifics of supervision in terms of delegation
For medical treatment, VS don't have to be on premises for RVNs but do for SVNs. For minor surgery, VS has to just be on premises for RVNS, and has to give direct personal constant supervision to SVNs

Professional Responsibilities (1 decks)

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