313 - Legal Frame Work Flashcards
If a client brings a case of negligence against a practice, does this come under civil or criminal law?
Civil law
A vet practising but not registered with RCVS, does this fall under civil or criminal law?
Criminal law
Explain how criminal cases are dealt with initially?
All cases are dealt with initially at the magistrates court. They deal/sort 97% of cases, 3% are transferred to the crown court (normally murder or rape)
What standard of proof does the prosecutor have to provide?
Proof that is beyond all reasonable doubt that the defendant committed the crime
Define ‘tort’?
A tort is a wrong against someone’s personal safety, possessions or reputation
Why might a client bring a trespass civil action against a veterinary practice?
Trespass involves interference with someone’s property (this included animals) an example would be - performance of an unauthorised surgical procedure.
In civil court what proof does the claimant have to provide?
The proof has to be 51% probability that the defendant was in the wrong or liable
Explain common law?
in cases where the parties disagress on what the law is, a common law court looks to the past decisions of relevant courts. if a similar dispute has been rescolved in past, the court is bound to follow the reasoning used in prior.
Explain the difference between statutory regulations and voluntary regulations
Statutory is required by law, voluntary is optional.
Explain and give examples for government regulation agencies.
Agencies specifically created by the goverement to regulate certain professions. i.e RCVS, VMD, VDS etc
The RCVS is made up of three organisations, what are they and what do they do?
A statutory regulator - undertake the statutory regulations set out by the veterinary surgeons act 1966 - they maintain the registers, sat standards of veterinary education and regulate professional conduct.
Royal college - exercises powers under the royal charter to award fellowships, diplomas and certificates to VS, RVNs.
RCVS charitable trust - separate charity established to promote and advance the study and practice of art and science of veterinary surgery and medicine. The provide the RCVS library, information services and grants
Explain the difference between and registered VN and a listed VN.
Since 2007 once qualified VN are added to the register of VNs - this means the nurse agree to code of conduct, completes CPD and is responsible for their own actions
Listed was before the register and meant the nurse was accountable for there action and didn’t need to keep skills up to date. when the register came in the nurses could op to be on or off it.
Since 2015 there is just the register now.
What are the 5 principles of practice for a RVN?
Professional competence honesty and integrity independence and impartiality client confidentiality and trust professional accountability
