Transcript Lawsx
VETERINARY LAW & COMMON LAW V ETERINARY S CIENCE P ROGRAM OBJECTIVES • THIS LESSON WILL GO OVER: • THE KEY POINTS RELATED TO VETERINARY LAW, COMMON LAW, AND STATUTORY LAW, AND HOW THEY GENERALLY APPLY TO VETERINARY MEDICINE VETERINARY LAWS • THERE ARE MANY DIFFERENT LAWS THAT GOVERN OR ARE APPLICABLE TO THE PRACTICE OF VETERINARY MEDICINE • • • • SPECIFIC TO VETERINARY MEDICINE COMMON LAW STATE LAWS FEDERAL LAWS THE VETERINARY PRACTICE ACT • THE VETERINARY PRACTICE ACT IS A LEGAL DOCUMENT THAT SPECIFIES THE RULES AND REGULATIONS THAT GOVERN VETERINARY PROFESSIONALS • LICENSING • REQUIREMENTS OF A VALID VETERINARIAN-CLIENT-PATIENT RELATIONSHIP • EXAMINATIONS • CONTINUING EDUCATION • CRUELTY TO ANIMALS THE VETERINARY PRACTICE ACT • MODEL VETERINARY PRACTICE ACT • USED AS A GUIDE FOR WHAT EACH STATE'S VETERINARY PRACTICE ACT MIGHT ENCOMPASS • AMERICAN VETERINARY MEDICAL ASSOCIATION (AVMA) • EACH STATE MAKES THEIR OWN MODIFICATION TO THIS MODEL • MAY USE ANOTHER MODEL ALTOGETHER • VETERINARY PROFESSIONALS SHOULD KNOW THE STATE'S VETERINARY PRACTICE ACT PRIOR TO COMMENCING WORK IN A VETERINARY CLINIC. BOARD OF VETERINARY MEDICAL EXAMINERS • AN AGENCY CONSISTING OF VETERINARY PROFESSIONALS AND PUBLIC MEMBERS • INTERPRETS LAWS RELATED TO VETERINARY MEDICINE IN ORDER TO PROTECT CLIENTS AND ANIMALS BY TAKING DISCIPLINARY ACTION WHENEVER NECESSARY VETERINARY COMMON LAW • COMMON LAWS AND STATUTORY LAWS APPLY TO THIS PROFESSION AS WELL • COMMON LAWS ARE LAWS THAT HAVE BEEN DEVELOPED BY JUDGES AND COURTS BASED ON DECISIONS ABOUT PRIOR LEGAL VIOLATIONS • STATUTORY LAWS ARE LAWS THAT HAVE BEEN WRITTEN AND PASSED BY THE GOVERNMENT • LEGISLATURE PRIVATE PROPERTY • COMMON AND STATUTORY LAWS DEEM THAT AN ANIMAL IS CONSIDERED TO BE PRIVATE PROPERTY • THAT MEANS THAT ANYONE WHO HARMS THE ANIMAL MAY BE LIABLE FOR ANY LOSSES STEMMING FROM THE DEATH OF THE ANIMAL OR ITS MEDICAL CARE • LIABILITY IS A TERM THAT MEANS LEGALLY RESPONSIBLE • FOR EXAMPLE, IF YOUR NEIGHBOR THROWS POISON INTO YOUR BACKYARD TO KILL YOUR DOG, THAT NEIGHBOR CAN BE HELD LIABLE FOR THEIR ACTIONS NEGLIGENCE / MALPRACTICE • IF A VETERINARIAN IS FOUND TO BE NEGLIGENT OR IF MALPRACTICE IS NOTED • THE VETERINARIAN MAY BE LIABLE FOR ANY DAMAGES OR LOSSES STEMMING FROM THE LOSS OF THE ANIMAL'S LIFE OR MEDICAL TREATMENT NEGLIGENCE • NEGLIGENCE IS A FAILURE TO PERFORM A LEVEL OF CARE THAT A REASONABLE OR COMPETENT PERSON WOULD HAVE PERFORMED UNDER SIMILAR CIRCUMSTANCES • NEGLIGENCE APPLIES TO ALL ASPECTS OF A RELATIONSHIP BETWEEN A CLIENT AND A VETERINARIAN • FOR INSTANCE, A SLIP AND FALL ACCIDENT IN A VETERINARY PRACTICE QUALIFIES AS NEGLIGENCE IF A PERSON IS HURT BECAUSE CARE WAS NOT TAKEN TO CLEAN UP THE SPILL. MALPRACTICE • MALPRACTICE IS DEFINED AS PROFESSIONAL NEGLIGENCE, WORKING BELOW OR NOT FOLLOWING THE ACCEPTED STANDARDS OF MEDICAL PRACTICE & CARE • MALPRACTICE PERTAINS SOLELY TO THE VETERINARIAN'S MEDICAL DUTIES NEGLIGENCE / MALPRACTICE • COMPENSATION FOR DAMAGES AND LOSSES ARE OFTEN LIMITED TO THE FINANCIAL COST OF THE ANIMAL OR ITS MEDICAL CARE • EMOTIONAL DAMAGES AND DAMAGES FOR PAIN AND SUFFERING OFTEN FOUND IN HUMAN MEDICAL MALPRACTICE LAWSUITS ARE RARELY HEARD OF IN VETERINARY MEDICINE PREVENTING MALPRACTICE AND NEGLIGENCE • LET'S GO OVER SOME OF THE THINGS THAT SHOULD BE DONE: • ALWAYS DOCUMENT EVERYTHING IN THE MEDICAL RECORD - PHONE CALLS, TIMES, DATES, PROCEDURES, MEDICATION, ETC… • ALWAYS LOCK ALL DRUG CABINETS • SEPARATE ALL ANIMALS UNLESS THE OWNERS REQUEST OTHERWISE (SUCH AS WHEN THEY BOARD TWO ANIMALS THAT GET ALONG WELL) PREVENTING MALPRACTICE AND NEGLIGENCE • LET'S GO OVER SOME OF THE THINGS THAT SHOULD BE DONE: • ENSURE EVERY CLIENT SIGNS A CONSENT FORM AND ENSURE EVERY CLIENT GETS AN ESTIMATE PRIOR TO COMMENCING ANY PROCEDURE • RESTRAIN ALL ANIMALS AS NECESSARY • CHECK FOR ANY HAZARDS IN THE HOSPITAL, SUCH AS WET FLOORS, AND POST SIGNS TO WARN EVERYONE OF SUCH HAZARDS • ALWAYS USE AN ID BAND OR SOMETHING SIMILAR ON EVERY HOSPITALIZED PATIENT QUESTION? WHICH OF THESE IS A LEGAL DOCUMENT WHICH SPECIFIES THE RULES AND REGULATIONS THAT GOVERN VETERINARY PROFESSIONALS, INCLUDING VETERINARIANS AND TECHNICIANS? A. B. C. D. E. STATUTORY LAW VETERINARY PRACTICE ACT AVMA COMMON LAW GOVERNMENT LAW QUESTION? WHICH OF THESE IS A LEGAL DOCUMENT WHICH SPECIFIES THE RULES AND REGULATIONS THAT GOVERN VETERINARY PROFESSIONALS, INCLUDING VETERINARIANS AND TECHNICIANS? A. B. C. D. E. STATUTORY LAW VETERINARY PRACTICE ACT AVMA COMMON LAW GOVERNMENT LAW QUESTION? LIABILITY MEANS: A. A FAILURE TO PERFORM WHAT IS NECESSARY B. LEGALLY NOT RESPONSIBLE C. WORKING BELOW THE ACCEPTED STANDARDS OF PRACTICE AND MEDICAL CARE D. E. LYING LEGALLY RESPONSIBLE QUESTION? LIABILITY MEANS: A. A FAILURE TO PERFORM WHAT IS NECESSARY B. LEGALLY NOT RESPONSIBLE C. WORKING BELOW THE ACCEPTED STANDARDS OF PRACTICE AND MEDICAL CARE D. E. LYING LEGALLY RESPONSIBLE QUESTION? TO AVOID A LAWSUIT, IT'S IMPORTANT ALL MEMBERS OF THE VETERINARY FACILITY ENSURE THAT: • ALL CLIENTS SIGN AN ESTIMATE FORM. • ALL DRUGS ARE LOCKED IN THE DRUG CABINET. • ALL CLIENTS SIGN A CONSENT FORM. • ALL CONVERSATIONS, PHONE CALLS, TIMES, DATES, TREATMENTS, ETC ARE DOCUMENTED IN THE MEDICAL RECORD. QUESTION? LAWS THAT HAVE BEEN DEVELOPED BY JUDGES AND COURTS BASED ON DECISIONS ABOUT PRIOR LEGAL VIOLATIONS ARE KNOWN AS: A. B. C. D. E. GOVERNMENT LAWS LEGISLATIVE LAWS COMMON LAWS VETERINARY LAWS STATUTORY LAWS QUESTION? LAWS THAT HAVE BEEN DEVELOPED BY JUDGES AND COURTS BASED ON DECISIONS ABOUT PRIOR LEGAL VIOLATIONS ARE KNOWN AS: A. B. C. D. E. GOVERNMENT LAWS LEGISLATIVE LAWS COMMON LAWS VETERINARY LAWS STATUTORY LAWS QUESTION? LAWS THAT HAVE BEEN WRITTEN AND PASSED BY THE GOVERNMENT (E.G. LEGISLATURE) ARE KNOWN AS: A. REGULATIONS B. RULES C. COMMON LAWS D. VETERINARY LAWS E. STATUTORY LAWS QUESTION? LAWS THAT HAVE BEEN WRITTEN AND PASSED BY THE GOVERNMENT (E.G. LEGISLATURE) ARE KNOWN AS: A. REGULATIONS B. RULES C. COMMON LAWS D. VETERINARY LAWS E. STATUTORY LAWS