Law And Ethics Pt 2 Flashcards
What is Ethics?
A philosophy and systematic intellectual approach to behavior.
What are the three ethical areas that affect each team and its members?
Social ethics - Principles accepted by society at large and codified into laws and regulations. * Forced ethics you might say.
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 members of the profession to follow.
Which ethical area describes principles accepted by society at large and codified into laws and regulations. Hint ** Forced ethics you might say.
Social Ethics.
Which ethical area would this be categorized “Define what is right and wrong on an individual basis”?
Personal Ethics
Which ethical area describes “Developed by the professionals of a specific discipline that develop rules and codes of conduct for members of the profession to follow”.
Professional Ethics.
What is the 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. *It challenges us to determine right from wrong.
What are the four branches of Veterinary Ethics?
1) Descriptive Ethics
2) Official Ethics
3)Administrative Ethics
4) Normative Ethics
What branch of Veterinary Ethics would this fall under…
Involve the creation of the official ethical standards adopted by professional organizations and imposed on it’s members.
Official Ethics.
What branch of Veterinary Ethics would this fall under…
Refers to the study of ethical views of veterinarians and veterinary professionals regarding their behavior and attitudes. Essentially what is wright and wrong.
*Think of it as todays stated acceptable standard.
An example would be —> states that it is acceptable to eat animals because in our society it is acceptable.
Descriptive Ethics. *
What branch of Veterinary Ethics would this fall under…
Involve actions by administrative government body that regulate veterinary practice and activities in which veterinarians engage. License revocation can result if any civil or criminal violations of these regulations occur.
Administrative Ethics
What branch of Veterinary Ethics would this fall under…
Refer to the search for correct principles of good and bad, right and wrong, and justice and injustice. A search beyond society’s standards.
Example —> Is eating animals truly a good thing to do?
Normative Ethics.
What is the difference in Laws and Ethics?
The difference in laws and ethics lies in enforcement; the government enforces laws, and the professional associations that develop the ethics enforce the ethics.
Bernard Rollin PhD believes there are 4 types of moral problems in veterinary medicine, and they involve ethics in relation to:
1)Peers
2) Clients
3) Animals
4) Society
Describe “Professional Organizational Ethics” -
Most professional organizations have created and agreed on a code of ethics for its members based on moral principles. These professional organizations may establish ethics, grievance, or peer review committees to address ethical issues.
Examples; AVMA, VHMA, NAVTA
**Code of ethics for VHMA is on your recommended reading list
Describe the AVMA (The American Veterinary Medical Association) Principles of Veterinary Medical Ethics
Based more on professional relationships one has with colleagues than moral and ethic issues relating to animals.
What is the Veterinary Practice Act?
A states or 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 veterinary medicine. **This is the las of the land in your state. Those laws cannot be changed without submitting changes to the house and senate and then being signed into law by the Governor of the state.
“Informed consent” is an example of Veterinary Practice Act (Situations in veterinary medicine that have both legal and ethical considerations. Describe informed consent…
It is when a practice has given information to a client regarding the proposed treatment, allowing the client to make an informed decision.
What elements must a complete informed consent contain?
*Consent must be given freely
*Treatment and diagnosis must be given in understandable terms
*The risks, benefits and the prognosis of the defined procedure must be stated.
*The prognosis if no treatment is selected must be stated.
*Practice must provide alternative treatments, including risks, benefits and costs.
* The client must be given the opportunity to ask questions and have them answered
(If the consent is challenged in a court of law and these conditions were not met, the court may conclude the client did not consent.
True or False…
Veterinarians have an ethical responsibility to provide essential service to animals to save a life or relieve suffering, even in the absence of identity of the owner?
True. Even tho this could lead to care without payment due to the lack of consent.
**The law of Unjust Enrichment was created to avoid unjust enrichment of one party at the expense of another (owner receives emergency veterinary care at the veterinarian’s expense.
In regards to Unjust Enrichment what are some elements that the legal team will look for before considering apply the law to a situation?
*The more valuable that the animal is, the greater the chances for financial recovery.
*The more emergent the animal’s needs are the more leeway exists to provide the emergency medical care.
*The veterinarian attempted to reach the owner prior to medical care.
*The extent of the emergency care required to stabilize the patient was reasonable.
The extent of detailed documentation of 2,3, and 4 by the veterinarian and practice above will have a significant bearing on the outcome of any court case.
Author Jim Wilson states that before making a decision involving moral issues, we must first determine all of the relevant moral issues, not just the most obvious or striking ones. Simply put, what is he saying?
He states that it is the situation, not the act that should be analyzed for ethical considerations, because what may be unethical in on scenario, may be acceptable in a different scenario.
When does moral distress / ethical exhaustion occur?
You know the ethically appropriate action to take, but you are unable to act on it.
You act in a manner contrary to your personal and professional values, which undermines your integrity and authenticity.
What are the 4 A’s to rise above moral distress ?
(Helps with self guidance to help one climb out of moral exhaustion - This is a system that critical care nurses use)
Ask - Reflect on your present feelings and ask yourself questions to determine whether Moral Distress is present.
Affirm - This is when you make a commitment to address the moral distress.
*Affirm your distress and your commitment to take care of yourself.
* Validate your feelings and perceptions with others.
*Affirm your professional responsibility to act.
Assess - This is when you contemplate your readiness to act, considering the risks and benefits.
*Identify sources of your distress
* under what circumstances do signs and symptoms occur?
* Do others suffer related to these resources?
Act - This is when you implement strategies to initiate changes and manage any resulting setbacks. It is also the step where you preserve your integrity and authenticity.
If struggling with the 4 A’s to rise above moral distress, consider the 4 R’s…
What are they?
Relevance - What impact could your action have (Improve patient care, improve relationships?)
Risk - What is the risk of not acting?
Rewards - Imagine how you will feel after acting
Roadblocks - Make a written list of roadblocks to help identify strategies to avoid such a resistance to change, criticism, retaliation, and alienation.
__________________ known as 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.
Ethics Exhaustion
Ethics Exhaustion isn’t a lack of compassion, but it is being prevented from acting on what you believe is the compassionate, caring thing to do.
**Prevention is key to minimizing Moral Distress which can lead to Ethics Exhaustion.
Name some of the most common complaints to the board of veterinary medicine.
Unsatisfied experience
Lack of communication
Unexpected death
Conduct, Record Keeping, Premises, and Pharmaceutical Issues
**The most common premise complaint is that the surgery room is not a separate room from all other rooms.
**Most common pharmaceutical complaints include veterinarians not honoring a clients request to dispense or provide a written prescription for a drug that had been determined by the veterinarian to be appropriate for the patient.
What are some ways we can do our best to avoid complaints to the board?
Creating Standard Operating Procedures for Ethics/Laws in an effort to mitigate risks.
Can do so by…
**Develop a hospital policy regarding the shredding of confidential documents.
**Develop liability release forms for volunteers, interns and students.
**Follow AVMA for current updates regarding the Fairness To Pet Owners Act and compounding regulations.
**Develop medical records standards, including SOAP format, abbreviations, Data entry, and required password protection.
**Develop standard protocols to handle client communication, conflict, and complaints.
**Ensure practice protocols meet state requirements daily, not just when inspected.
Make sure the things that you do every day, are the things that you do every day. Not just on the day the inspector is there. ***Best way to avoid any issues.
The AVMA Principles of Veterinary Medical Ethics is an example of what branch of ethics?
A) Descriptive
B) Official
C) Administrative
D) Normative
C - Official branch of ethics.
**Involve the creation of the official ethical standards adopted by professional organizations and imposed on its members.
What is the process for making changes to Veterinary Practice Laws?
A) Only a Unanimous vote of The State’s Veterinary medical associations board members.
B) Proposed changes must be submitted to the House and Senate and ultimate signed into law by a Governor
C) Through a lengthy process that includes introduction of the proposed changes, membership time for rebuttal, and eventually voting opportunities for all members.
The process for making changes to Veterinary Practice Laws start with the proposed changes must be submitted to the House and Senate and ultimately signed into law by a Governor.
Multiple choice. In regards to Unjust Enrichment - The legal system will look for which of the following elements before considering applying the law to a situation:
A) The more emergent the animal’s needs are the more leeway exists to provide the emergency medical care.
B) The Veterinarian attempted to reach the owner prior to medical care
C) The extent of the emergency care required to stabilize the patient was reasonable.
ALL OF THE ABOVE.
A) The more emergent the animal’s needs are the more leeway exists to provide the emergency medical care.
B) The Veterinarian attempted to reach the owner prior to medical care
C) The extent of the emergency care required to stabilize the patient was reasonable.
What is the first A - in the 4 A’s to Rise Above Moral Distress?
A) Analyze
B) Assess
C) Ask
D)Appraise
C) Ask
Ask—> Affirm —> Assess —>Act
_____________ Deals with duties established by individuals as a result of contractual agreement. Simply stated, it is an agreement that creates an obligation.
Contract Law.
Law
\_\_\_\_\_\_\_\_I\_\_\_\_\_\_\_
I I Civil Law Criminal Law \_\_\_\_\_\_\_I\_\_\_\_\_\_\_\_\_\_ I I Tort Law Contract Law
What are the four elements needed to create a contract?
The offer - A promise or commitment made in reasonably certain terms.
Acceptance - acceptance has occurred when the part to whom the offer was made makes the return requested in the offer, typically money.
Consideration - people do or promise to do something they were not legally obligated to do, or refrain or promise to refrain from something that they had a legal right to do.
Intent to contract -
_____________ acceptance is a clear statement of agreement to the terms offered that establishes an Express Contract.
Express Acceptance
______________ Acceptance is no direct statement of agreement, but is demonstrated by actions indicating acceptance of the offer leading to an implied contract. Example would be… hand shake/ eye contact (Do not speak)
Implied acceptance.
Describe Promissory Estoppel —
Although there may have been no formal agreement, justice requires the enforcement of one’s promise when another party has justifiably relied on that promise, change its position, and incurred substantial detriment.
What are the three situations where the capacity to make a valid contract would be questioned (this is known as Capacity to Contract)
Minority - Minors can enter into contracts and uphold them, but the law does grant people the right to avoid or disaffirm any contracts made while they were minors.
Mental disability - Lacking the required mental capacity.
Intoxicants/substance abuse - The courts do not look favorable on intoxication as an incapacity, but they do look closely at whether the sober party should have been aware of the intoxication, or if the tool advantage of it.
