Session 6 Law And Ethics Part 2 Flashcards

1
Q

Ethics

A

A philosophy and systematic intellectual approach to behavior

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2
Q

3 ethical areas that affect the team and it’s members

A

Social ethics
Personal ethics
Professional ethics

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3
Q

Social ethics

A

Principals accepted by society at large and codified into laws and regulations

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4
Q

Personal ethics

A

Define what is right and wrong on an individual basis

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5
Q

Professional ethics

A

Are developed by the professionals of a specific discipline that develop rules and codes of conduct for the profession to follow

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6
Q

Purpose of a professional code of ethics

A

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

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7
Q

4 branches of veterinary ethics

A

Descriptive
Official
Administrative
Normaltive

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8
Q

Difference of laws and ethics

A

Enforcement

Government enforces laws
Professional associations that develop ethics enforce those ethics

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9
Q

Descriptive ethics

A

Refers to the study of ethical views of veterinarians and vet professionals regarding behavior and attitude.

What is right and wrong

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10
Q

Official ethics

A

Involve the creation of the official ethical standards adopted by professional organizations and imposed on its members

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11
Q

Administrative ethics

A

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

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12
Q

Normative ethics

A

Refer to the search for correct principals of good and bad, right and wrong, justice and injustice

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13
Q

Example of descriptive ethics

A

It is acceptable to eat animals because in our society it is acceptable

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14
Q

Example of normative ethics

A

Is eating animals truly a good thing to do or not?

It goes above and beyond what we believe

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15
Q

4 types of potential moral problems in vet med

A

Peers
Clients
Animals
Society

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16
Q

Professional organizations with codes of ethics

A

Avma
VHMA
Navta

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17
Q

Avma principles of vet med ethics

A

Based more on professional relationships one has with colleagues.

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18
Q

Sections of avma code of ethics

A

Professional behavior
VCPR
Attending, consulting, referring
Influence on judgement
Therapies
Genetic defects
Medical records
Fees and remuneration
Advertising
Euthanasia

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19
Q

VCPR

A

Veterinary-client-patient-relationship

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20
Q

Recite VHMA code of ethics

A

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.

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21
Q

NAVTA

A

National association of veterinary technicians

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22
Q

NAVTA ethics

A

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

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23
Q

Veterinary Practice Act

A

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.

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24
Q

Veterinary practice acts are regulated by

A

Enforced and regulated by the states vet med board

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25
Q

Changing a vet practice act law

A

Changes must be submitted to the house and senate and ultimately signed into law by the governor

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26
Q

Informed consent definition

A

Practice has given info to client regarding the proposed treatment, allowing the client to make an informed decision.

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27
Q

Conditions for informed consent

A

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

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28
Q

Emergency care for HBC dog brought in by driver not owner

A

Ethical responsibility to provide essential service to animals to relieve suffering

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29
Q

Law of unjust enrichment

A

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)

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30
Q

Unjust enrichment elements

A
  1. The more valuable the animal is the greater chances of financial recovery
  2. The more emergent the animals needs are the more leeway exists to provide the emergency medical care
  3. The vet attempted to reach owners prior to medical care
  4. The extent of the emergency care required to stabilize the patient was reasonable
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31
Q

Moral distress occurs when

A

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

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32
Q

4 A’s to rise above moral distress

A

Ask
Affirm
Assess
Act

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33
Q

Ask

A

Reflect on your feelings to determine if moral distress is present

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34
Q

Affirm

A

Make commitment to address the moral distress

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35
Q

Assess

A

Contemplate readiness to act by looking at pros and cons

4 R’s

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36
Q

4 R’s of assessing

A

Relevance
Risk of not acting
Rewards
Roadblocks

37
Q

Act

A

Implement strategy to take back integrity and authenticity

38
Q

How to prepare to Act

A

Develop a self care plan
Identify appropriate sources of support
Investigate outside resources for guidance

39
Q

Ethics exhaustion

A

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.

40
Q

Common complaints to state board

A

Unsatisfied experience
Lack of communication
Unexpected death
Conduct, record keeping, premise, pharmaceutical issues

41
Q

The AVMA principles of vet med ethics is an example of what branch of ethics?

A

Official

42
Q

What is the process of making changes to vet practice laws

A

Submit to house and senate to be signed into law by governor

43
Q

What is the first A to rise above moral destress

A

Ask

44
Q

Contract law

A

Deals with duties established by individuals as a result of contractual agreements.

An agreement that creates an obligation

45
Q

Three elements of a contract

A

The offer
Acceptance
Consideration

46
Q

Types of acceptance

A

Express
Implied

47
Q

Express acceptance

A

A clear statement of agreement to the terms offered

48
Q

Implied acceptance

A

No direct statement of agreement, but is demonstrated by actions indicating acceptance

Doctor moving to area for job

49
Q

Bonus fourth element of a contract

A

Intent to contract

50
Q

Promissory Estoppel

A

No formal agreement, but one party heavily relied on the promise, the other party changed position and now the first party incurred substantial detriment

51
Q

Capacity to contract

A

That person is legally competent to enter a contract

52
Q

3 factors of capacity to contract

A

Minors
Mental disability
Intoxication/substance abuse

53
Q

Law of agency

A

A person who has been authorized to act on behalf of another

54
Q

Example of law of agency

A

Agency and consent for care

Agency and consent for euthanasia

55
Q

Statute of fraud

A

Requires written memorandum before courts will enforce certain contracts (real estate)

56
Q

Parol Evidence

A

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

57
Q

A clear statement of agreement to the terms offered

A

Express acceptance

58
Q

What law involves a person who has been authorized to act on behalf of another

A

Law of agency

59
Q

Sneaky fourth element of a contract

A

Intent to contract

60
Q

Liaison

A

A person who establishes and maintains communication between mutually beneficial entities

61
Q

Attorney tasks

A

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

62
Q

Different financial statements

A

Financial
Audited Financial
Reviewed Financial
Compiled Financial

63
Q

Safe Harbor

A

A system of calculating this year’s projected tax based off last year’s

64
Q

Over 1400 zoonotic diseases currently exist

A

60% known to cross species

65
Q

Zoonotic disease education

A

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

66
Q

Reservoir

A

Place where infectious organisms survive and replicate

67
Q

Vector

A

A living organism that transports infections agents (fleas, ticks, mosquitos)

68
Q

Vehicle in terms of dz transmission

A

A mode of transportation of infection from reservoir to host (food, water)

69
Q

Zoonotic treatment programs focus on the…

A

Generally focused on reservoirs and hosts when implementing control methods for zoonotic dz

70
Q

Zoonotic dz prevention programs

A

VXNS
Water filtration
Superior hygiene

71
Q

Animal bites

A

Bite that penetrates the skin and causes bleeding or swelling

72
Q

Most common bacteria present in dog and cat bites

A

Pasteurella

73
Q

W basic types of insurance coverage

A

Liability
Property

74
Q

Liability coverage

A

Covers damages that the vet causes to other persons, pets, or property

75
Q

Property insurance

A

Covers damages to the insureds owned property

76
Q

Malpractice

A

Classified legally as a tort that requires proof of 4 essential elements. All 4 elements must be proven for the case to succeed

77
Q

Tort

A

A civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another

78
Q

4 essential elements of malpractice

A

Duty
Breach of duty
Proximate cause
Damages

79
Q

Proximate cause

A

The connection between the negligent act of a practitioner and the harm to the patient or client

80
Q

When is there a legal duty to treat?

A

A valid VCPR is established

81
Q

Once an established VCPR is achieved it must continue until:

A

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.

82
Q

Legal vs ethical duty in emergenies

A

If no VCPR no legal duty to treat

Regardless of VCPR there is a ethical duty to treat

83
Q

Legal defenses

A

Contributory Negligence
Comparative Negligence

84
Q

Contributory Negligence

A

Client is also negligent in care of animal

85
Q

Comparative Negligence

A

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.

86
Q

5 ways to avoid Malpractice

A

CE
Medical records
Informed consent
Staff training
Referrals

87
Q

How many dzs are known to be zoonotic

A

Over 1400

88
Q

What is the first step in creating a business contingency plan?

A

A risk assessment