Session 6 Law And Ethics Part 2 Flashcards
Ethics
A philosophy and systematic intellectual approach to behavior
3 ethical areas that affect the team and it’s members
Social ethics
Personal ethics
Professional ethics
Social ethics
Principals accepted by society at large and codified into laws and regulations
Personal ethics
Define what is right and wrong on an individual basis
Professional ethics
Are developed by the professionals of a specific discipline that develop rules and codes of conduct for the profession to follow
Purpose of a professional code of ethics
To help members of a profession achieve high standards of behavior through moral consciousness, decision making and practice.
Challenges us to determine right from wrong
4 branches of veterinary ethics
Descriptive
Official
Administrative
Normaltive
Difference of laws and ethics
Enforcement
Government enforces laws
Professional associations that develop ethics enforce those ethics
Descriptive ethics
Refers to the study of ethical views of veterinarians and vet professionals regarding behavior and attitude.
What is right and wrong
Official ethics
Involve the creation of the official ethical standards adopted by professional organizations and imposed on its members
Administrative ethics
Involve actions by administrative government body that regulate vet practice and activities. License revocation can result if any civil or criminal violations of these regulations occur
Normative ethics
Refer to the search for correct principals of good and bad, right and wrong, justice and injustice
Example of descriptive ethics
It is acceptable to eat animals because in our society it is acceptable
Example of normative ethics
Is eating animals truly a good thing to do or not?
It goes above and beyond what we believe
4 types of potential moral problems in vet med
Peers
Clients
Animals
Society
Professional organizations with codes of ethics
Avma
VHMA
Navta
Avma principles of vet med ethics
Based more on professional relationships one has with colleagues.
Sections of avma code of ethics
Professional behavior
VCPR
Attending, consulting, referring
Influence on judgement
Therapies
Genetic defects
Medical records
Fees and remuneration
Advertising
Euthanasia
VCPR
Veterinary-client-patient-relationship
Recite VHMA code of ethics
I pledge myself to comply with the principles and declarations of the VHMA’s code of professional ethics. Maintain and promote the profession of veterinary practice management. I will assure my continued growth and development as a professional by utilizing, to the highest extent possible, the facilities offered to me for continuing the professional education and refinement of my management skills. Seek and maintain equitable, honorable, and co-operative association with my fellow members of the VHMA and with all others who may become part of my business and professional life. Play a fundamental role in maintaining excellence and quality of care to our clients and their animals. Place honesty, integrity and industriousness above all else, and gainfully pursue my profession with diligent study and dedication so that service to my employer shall always be maintained at the highest possible level. Keep all information concerning the business or personal affairs of my employer confidential, except as may otherwise be required or compelled by applicable law or regulation. Protect the employer’s funds and property under my controll. Information gathered, maintained or produced withing the vet practice is the property of the practice owner and will not be reproduced, shared or distributed outside of the practice without consent of the owner.
NAVTA
National association of veterinary technicians
NAVTA ethics
Aid society and animals through providing excellent care and services for animals
Prevent and relieve the suffering of animals
Promote public health by assisting with the control of zoonotic diseases and informing the public about these diseases
Assume accountability for individual professional actions and judgements
Protect confidential information provided by clients
Safeguard the public and the profession against individuals deficient in professional competence or ethics
Assist with efforts to ensure conditions of employment consistent with the excellent care for animals
Remain competent in veterinary technology through commitment to life-long learning
Collaborate with members of the veterinary medical profession in efforts to ensure quality health care services for all animals
Veterinary Practice Act
A state’s commonwealth’s law, codified into regulations, describing what licensed and non-licensed employees can and cannot do, as well as acceptable medical standards, as it relates to vet med.
Veterinary practice acts are regulated by
Enforced and regulated by the states vet med board
Changing a vet practice act law
Changes must be submitted to the house and senate and ultimately signed into law by the governor
Informed consent definition
Practice has given info to client regarding the proposed treatment, allowing the client to make an informed decision.
Conditions for informed consent
Consent is freely given
Tx and diagnosis given understandably
Risks, benefits, and prognosis of procedure stated
Prognosis if no tx pursued is stated
Provide alternate tx with risks, benefits, costs
Client is given the opportunity to ask questions and have them answered
Emergency care for HBC dog brought in by driver not owner
Ethical responsibility to provide essential service to animals to relieve suffering
Law of unjust enrichment
Created to avoid unjust enrichment of one party at the expense of another
(Avoids the Owner receives emergency vet care and expense of the vet)
Unjust enrichment elements
- The more valuable the animal is the greater chances of financial recovery
- The more emergent the animals needs are the more leeway exists to provide the emergency medical care
- The vet attempted to reach owners prior to medical care
- The extent of the emergency care required to stabilize the patient was reasonable
Moral distress occurs when
You know the ethical appropriate action to take but are unable to do so
You act in a manner contrary to your personal and professional values, which undermines your integrity and authenticity
4 A’s to rise above moral distress
Ask
Affirm
Assess
Act
Ask
Reflect on your feelings to determine if moral distress is present
Affirm
Make commitment to address the moral distress
Assess
Contemplate readiness to act by looking at pros and cons
4 R’s
4 R’s of assessing
Relevance
Risk of not acting
Rewards
Roadblocks
Act
Implement strategy to take back integrity and authenticity
How to prepare to Act
Develop a self care plan
Identify appropriate sources of support
Investigate outside resources for guidance
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.
Common complaints to state board
Unsatisfied experience
Lack of communication
Unexpected death
Conduct, record keeping, premise, pharmaceutical issues
The AVMA principles of vet med ethics is an example of what branch of ethics?
Official
What is the process of making changes to vet practice laws
Submit to house and senate to be signed into law by governor
What is the first A to rise above moral destress
Ask
Contract law
Deals with duties established by individuals as a result of contractual agreements.
An agreement that creates an obligation
Three elements of a contract
The offer
Acceptance
Consideration
Types of acceptance
Express
Implied
Express acceptance
A clear statement of agreement to the terms offered
Implied acceptance
No direct statement of agreement, but is demonstrated by actions indicating acceptance
Doctor moving to area for job
Bonus fourth element of a contract
Intent to contract
Promissory Estoppel
No formal agreement, but one party heavily relied on the promise, the other party changed position and now the first party incurred substantial detriment
Capacity to contract
That person is legally competent to enter a contract
3 factors of capacity to contract
Minors
Mental disability
Intoxication/substance abuse
Law of agency
A person who has been authorized to act on behalf of another
Example of law of agency
Agency and consent for care
Agency and consent for euthanasia
Statute of fraud
Requires written memorandum before courts will enforce certain contracts (real estate)
Parol Evidence
Oral testimony aimed at altering or contradicting the written contract.
If the contract specifically says that the contract represents the entirety of the contract oral testimony aimed at lateration is not permitted
A clear statement of agreement to the terms offered
Express acceptance
What law involves a person who has been authorized to act on behalf of another
Law of agency
Sneaky fourth element of a contract
Intent to contract
Liaison
A person who establishes and maintains communication between mutually beneficial entities
Attorney tasks
Minimizing liability exposure
Review of consent forms, handbooks, waivers, contracts, letters of intent, etc.
Conduct practice risk audits and form review 3-4 times a year
Buy/Sell agreement
Shareholder agreement
Different financial statements
Financial
Audited Financial
Reviewed Financial
Compiled Financial
Safe Harbor
A system of calculating this year’s projected tax based off last year’s
Over 1400 zoonotic diseases currently exist
60% known to cross species
Zoonotic disease education
AVMA code of ethics, state boards, regulatory agencies require veterinarians to educate the public regarding zoonotic disease.
Vet teams should receive extensive training and sign a document once completed
Reservoir
Place where infectious organisms survive and replicate
Vector
A living organism that transports infections agents (fleas, ticks, mosquitos)
Vehicle in terms of dz transmission
A mode of transportation of infection from reservoir to host (food, water)
Zoonotic treatment programs focus on the…
Generally focused on reservoirs and hosts when implementing control methods for zoonotic dz
Zoonotic dz prevention programs
VXNS
Water filtration
Superior hygiene
Animal bites
Bite that penetrates the skin and causes bleeding or swelling
Most common bacteria present in dog and cat bites
Pasteurella
W basic types of insurance coverage
Liability
Property
Liability coverage
Covers damages that the vet causes to other persons, pets, or property
Property insurance
Covers damages to the insureds owned property
Malpractice
Classified legally as a tort that requires proof of 4 essential elements. All 4 elements must be proven for the case to succeed
Tort
A civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another
4 essential elements of malpractice
Duty
Breach of duty
Proximate cause
Damages
Proximate cause
The connection between the negligent act of a practitioner and the harm to the patient or client
When is there a legal duty to treat?
A valid VCPR is established
Once an established VCPR is achieved it must continue until:
The animal recovers
The practitioner has completed all the treatment that was agreed upon
The animal dies
The client terminates the VCPR
The responsibility for tx is transferred to another practitioner with client consent.
Legal vs ethical duty in emergenies
If no VCPR no legal duty to treat
Regardless of VCPR there is a ethical duty to treat
Legal defenses
Contributory Negligence
Comparative Negligence
Contributory Negligence
Client is also negligent in care of animal
Comparative Negligence
Clients recovered damages is determined by the % of negligence on the part of the client. If the client is 25% negligible they only recover 75% damages.
If client is over 50% liable they typically don’t get any recovered damages.
5 ways to avoid Malpractice
CE
Medical records
Informed consent
Staff training
Referrals
How many dzs are known to be zoonotic
Over 1400
What is the first step in creating a business contingency plan?
A risk assessment
