Session 6 Law And Ethics Part 2 Flashcards

(88 cards)

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
Changing a vet practice act law
Changes must be submitted to the house and senate and ultimately signed into law by the governor
26
Informed consent definition
Practice has given info to client regarding the proposed treatment, allowing the client to make an informed decision.
27
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
28
Emergency care for HBC dog brought in by driver not owner
Ethical responsibility to provide essential service to animals to relieve suffering
29
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)
30
Unjust enrichment elements
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
31
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
32
4 A's to rise above moral distress
Ask Affirm Assess Act
33
Ask
Reflect on your feelings to determine if moral distress is present
34
Affirm
Make commitment to address the moral distress
35
Assess
Contemplate readiness to act by looking at pros and cons 4 R's
36
4 R's of assessing
Relevance Risk of not acting Rewards Roadblocks
37
Act
Implement strategy to take back integrity and authenticity
38
How to prepare to Act
Develop a self care plan Identify appropriate sources of support Investigate outside resources for guidance
39
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.
40
Common complaints to state board
Unsatisfied experience Lack of communication Unexpected death Conduct, record keeping, premise, pharmaceutical issues
41
The AVMA principles of vet med ethics is an example of what branch of ethics?
Official
42
What is the process of making changes to vet practice laws
Submit to house and senate to be signed into law by governor
43
What is the first A to rise above moral destress
Ask
44
Contract law
Deals with duties established by individuals as a result of contractual agreements. An agreement that creates an obligation
45
Three elements of a contract
The offer Acceptance Consideration
46
Types of acceptance
Express Implied
47
Express acceptance
A clear statement of agreement to the terms offered
48
Implied acceptance
No direct statement of agreement, but is demonstrated by actions indicating acceptance Doctor moving to area for job
49
Bonus fourth element of a contract
Intent to contract
50
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
51
Capacity to contract
That person is legally competent to enter a contract
52
3 factors of capacity to contract
Minors Mental disability Intoxication/substance abuse
53
Law of agency
A person who has been authorized to act on behalf of another
54
Example of law of agency
Agency and consent for care Agency and consent for euthanasia
55
Statute of fraud
Requires written memorandum before courts will enforce certain contracts (real estate)
56
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
57
A clear statement of agreement to the terms offered
Express acceptance
58
What law involves a person who has been authorized to act on behalf of another
Law of agency
59
Sneaky fourth element of a contract
Intent to contract
60
Liaison
A person who establishes and maintains communication between mutually beneficial entities
61
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
62
Different financial statements
Financial Audited Financial Reviewed Financial Compiled Financial
63
Safe Harbor
A system of calculating this year's projected tax based off last year's
64
Over 1400 zoonotic diseases currently exist
60% known to cross species
65
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
66
Reservoir
Place where infectious organisms survive and replicate
67
Vector
A living organism that transports infections agents (fleas, ticks, mosquitos)
68
Vehicle in terms of dz transmission
A mode of transportation of infection from reservoir to host (food, water)
69
Zoonotic treatment programs focus on the...
Generally focused on reservoirs and hosts when implementing control methods for zoonotic dz
70
Zoonotic dz prevention programs
VXNS Water filtration Superior hygiene
71
Animal bites
Bite that penetrates the skin and causes bleeding or swelling
72
Most common bacteria present in dog and cat bites
Pasteurella
73
W basic types of insurance coverage
Liability Property
74
Liability coverage
Covers damages that the vet causes to other persons, pets, or property
75
Property insurance
Covers damages to the insureds owned property
76
Malpractice
Classified legally as a tort that requires proof of 4 essential elements. All 4 elements must be proven for the case to succeed
77
Tort
A civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another
78
4 essential elements of malpractice
Duty Breach of duty Proximate cause Damages
79
Proximate cause
The connection between the negligent act of a practitioner and the harm to the patient or client
80
When is there a legal duty to treat?
A valid VCPR is established
81
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.
82
Legal vs ethical duty in emergenies
If no VCPR no legal duty to treat Regardless of VCPR there is a ethical duty to treat
83
Legal defenses
Contributory Negligence Comparative Negligence
84
Contributory Negligence
Client is also negligent in care of animal
85
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.
86
5 ways to avoid Malpractice
CE Medical records Informed consent Staff training Referrals
87
How many dzs are known to be zoonotic
Over 1400
88
What is the first step in creating a business contingency plan?
A risk assessment