Veterinary Law, Malpractice, & Ethics Flashcards
Morals
Personal Ethics
Right or wrong on an individual basis
Will affect how you respond to and obey laws
Learned at a young age by parents, media, environment, etc
Ethics
Systematic approach to standards of behavior
Used to help members achieve a high level of behavior through morals
Rules established by professional org. not enforced by law
Communicates ideals of the profession to public and members
Laws
Bodies of rules developed & regulated by gov’t
Veterinary Practice Act (VPA)
Sets standards for who can practice
Promotes public health, safety, & welfare by ensuring competent medical care
Regulated by state
CVT could by disciplined for:
Unprofessional/unethical conduct Fraud in obtaining of certification False statements to authorities Cruelty to animals Permitting another to use certification Mental incompetence as determined by court of law
Vet could be disciplined for:
Fraud in obtaining license Failure to display license Fraudulently issuing vaccination/health records False advertising Incompetence or malpractice Cruelty to animals Refusal to permit inspection of premises
Malpractice refers to:
Illegal, immoral, or unprofessional conduct
Malpractice may result in:
Injury, death, or escape of a client’s animal
Malpractice applies:
After Vet/Client/Patient relationship (VCPR) has been established
VCPR
Vet/Client/Patient relationship
VCPR Occurs when:
Vet/Client/Patient relationship
Vet has assumed responsibility to treat pt and client agrees to follow instructions
Vet has performed P/E
Vet is available for follow up treatment
Negligence refers to:
An act is performed that a reasonable person wouldn’t do under the same circumstances
Negligence results in:
Personal injury to a client while on the premises
Negligence is the result of:
Slip/fall or Tech action
Contract
Agreement that creates an obligation between two or more parties (written or oral)
How to limit malpractice:
- Practice quality medicine
- Keep precise medical records
- Watch behavior & attitude
- Don’t act like your a Vet
- Consent forms
Consent
Voluntarily accepting what is planned or done by another
Best Consent Forms:
Should be informed
W/ witness signature
geared toward each procedure recommended
Animal
Every living thing that’s not a human
Domestic
Any animal bred and/or traditionally kept for agricultural reasons
Pet
Subcategory of domestic animal
Pet owner’s rights
- increased damages awarded for injury or loss of pet
- ownership isn’t lost if animal escapes
- in many states & most species proof of “first bite” is needed for liability
- injured parties must prove negligence in restraint/maintenance of animal for liability to be on owner
Owner
provides differently for pet than for an inanimate object
- can be difficult to determine, since it’s based on relationship between owner/pet
“First Bite”
Must prove that a pet has bit someone before
Wild
animal that’s not domestic & is fierce, dangerous, venomous, noxious, or naturally inclined to harm
Ownership Rights for Wild Animals
- less rights & higher liability
- ownership is lost if animal escapes
- no “first bite” needs to be proven for liability
- owners held liable for damages cause by animals owned or under their care
Exotic
Any animal not considered domestic or wild & can be safely & humanely maintained in captivity
Running at Large (Lease Laws)
- Any dog off premises of owner & not under the control of a competent person
- No cat can do damage to public or private property, or bite, scratch, or claw any person or animal
Hit by Car (HBC)
- Owner is responsible for injuries or damages to driver or car
- Driver must stop but isn’t responsible (running at large)
When a person brings an animal in for care:
- Establish if they’re the owner
2. Are they going to accept responsibility for costs
‘Good Samaritan’ Act
What the clinic is required to do do when an animal is brought in in a life-threatening condition & needs treatment to sustain life, by someone other than the owner & they’re not willing to accept costs or if a vet/tech witnesses or finds an injured animal
Cruelty
Knowingly or w/ criminal negligence, mistreating or neglecting an animal
Mistreat
Any act which permits pain & suffering
Neglect
Failure to provide ford, water, or protection from elements
Dealing w/ suspected cruelty
- contact local shelter or animal control officer
- Document everything
- Take photos/video
- Save all evidence
- Complete basic labs & vitals
Abandonment
To give up w/ intent of never again claiming right or interest
If a pt is abandoned at a clinic
- Send a certified letter to known/last known address of owner
- If unclaimed for more than 5 days after written notice should’ve been received it’s abandoned and owner relinquishes rights
- Vet can legally dispose of animal in any appropriate manner (hopefully adopting it out)
- Abandonment is against the law in most states
To reduce abandonment of pt:
- Detailed treatment plans/estimates of cost
- Estimates w/ a high & low end, room for adjustment (have owner sign it)
- Have alternate payment options
- Take appropriate deposit (50%-75% of high end estimate)
- Offer relinquishment (if ok w/ Vet or practice owner/manager)
