Section 2.02, 2.03, 4.05 & 4.06 Flashcards
3 types of Ethics
Social,
Personal,
Professional.
Branches of veterinary ethics
- Descriptive
- Official
- Administrative
- Normative
Moral problems in Vet Med
- Peer
- Clients
- Animals
- Society
VHMA Code of Ethics
Https://www VHMA.org/about-us/ethics
NAVTA
National Association of Veterinary Technicians
Veterinary Practice Act
State laws that are regulated and enforced by the state vet med board.
Not changed easily. Changes must be submitted to House and Senate and be signed into law by the Governor.
Laws of State or Common Wealth.
Informed Consent
Emergency Care
Unjust Enrichment
Unjust Enrichment law - 4 parts
If 4 things are met owners must pay for the treatment of their pet in an emergency situation even if they are not present.
1. More valuable the animal, greater the chance of financial recovery
2. More emergent the need the more leeway to provide the care
3.Vet attempted to contact owner prior to medical care
4. The extent of the care to stabilize was reasonable
Created to avoid unjust Enrichment of one party at the expense of another.
Moral Distress
Knows ethically appropriate action, but unable to take it
You act in a manner contrary to personal/professional values, undermining your integrity and authenticity.
4 As to Rise above moral distress
- Ask - ask yourself if moral distress is present
- Affirm - distress and commitment to take care of self/validate your feelings and perceptions with others/responsibility to act
- Assess - contemplate readiness to act, considering risk and benefits. ID source of distress, circumstances, signs, symptoms, and if others suffer as well. (Go through 4 Rs)
- Act
4 Rs of Assessment within 4 As
- Relevance
- Risk (of not acting)
- Rewards
- Roadblocks
Ethics Exhaustion
Fatigue, emotional distress, and the lack of will to continue to act in a way that is consistent with what you believe is the right thing to do.
Prevention = minimizing moral distress
Mitigating risk
Creating Soaps for Ethics/Law
Contract Law
Delas with duties established by individuals to create a contractual agreement
Elements of a Contract
- The Offer
- Acceptance
-implied
-express - Consideration
- An intent to contract (extra element)
Promissory Estoppel
Although there may not be any formal agreement, justice requires the enforcement of one’s promise when another party has justifiably relied on that promise, changed its position, and incurred substantial detriment
Capacity to Contract
Person is legally competent to enter a contract.
Situations where capacity to make a valid contract would be questioned
1. Minority
2. Mental Disability
3. Intoxication/Substance Abuse
The Law of Agency
Involves a person who has been authorized to act on behalf of another.
- Consents for Care - owner gave permission/authority to another to request goods/services for owner
- Consents for Euthanasias - best practice is to have owner come in person to sign consent.
Statute of Fraud in a contract
Requires the production of a written memorandum before upholding contract in court.
Non - Competes
State laws
Scope
Ability to earn a living
Laws regarding “ownership” of an animal
No longer just property, but cared for by guardian.
Guardian Ad Litem - person appointed to protect interest of animal
Common Financial Statements
PoL
Balance Flow
Cash Flow
Malpractice Proof
- Duty
- Breach of Duty
- Proximate Cause
- Damages
Duty to Treat continues until…
VCPR (valid client provider relationship)
1. Animal recovers
2. Completed all agreed upon tx
3. Animal dies
4. Termination of VCPR
5. Animal transfers care
Descriptive Ethics
Study of ethical views of vets and vet professionals regarding behavior and attitudes. What is right and wrong.
Official Ethics
Creation of official ethical standards adopted by professional organizations and imposed onto its members.
Administrative Ethics
Involve actions by gov. that regulate vet practices and activities. Love revocation can result if civil or criminal violations of these regs occur.
Normative Ethics
Search for the correct principle of good and bad. Right and wrong, and justice and injustice.
The difference between laws and ethics
Lies in enforcement; the government enforces laws, and the professional associations that develop the ethics enforce the ethics.
The difference between laws and ethics
Lies in enforcement; the government enforces laws, and the professional associations that develop the ethics enforce the ethics.
Express acceptance
A clear statement of agreement to the terms offered that establishes an express contract. Ex. I accept the offer
Implied Acceptance
No direct statement of agreement, but demonstrated by action indicating acceptance. Ex. Handshake
Safe Harbor (tax planning)
A system of calculating this year’s projected tax based on last year’s tax
Safe Harbor (tax planning)
A system of calculating this year’s projected tax based on last year’s tax
Malpractice definition
A tort (civil wrongful act, intentional or accidental, from which injury occurs to another) that requires proof of 4 essential elements
Legal defenses
- Contributory Negligence - the defendant in the malpractice suit can show the client was also negligent.
- Comparative Negligence - similar to above, except client’s recovery is determined by % of negligence. Ex if a client is 25% negligent they can only recover 75% of the damages. (If a client is 50% or more negligent they won’t recover any damages.
5 ways to decrease potential for malpractice suit
- CE
- Medical Records
- Informed Consent
- Staff Training
- Referrals
How many diseases are zoonotic
1400
Ethics definition
A philosophy or systematic approach to behavior
