481657 - Law and Veterinary Medicine First Hour Disclosure...

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Law and Veterinary Medicine First Hour: Disclosure November 27, 2006 Paul Waldau, D.Phil., J.D.
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Importance of today’s topics These two lectures complete one portion of this course’s engagement with “substantive law” … … these are crucial topics—communication, disclosure, confidentiality, informed consent 4 assigned JAVMA articles test your ability to read law-related articles in your professional journal
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Reading from Session 2 Relevant—JAVMA, April 15, 2006, “The relationship between general practitioners and board-certified specialists in veterinary medicine” “With the proliferation of tertiary care referral and emergency care hospitals and the increasing access to board certified specialists, it is clear that more and more animals will be cared for by multiple veterinarians, often at more than one veterinary hospital.”
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JAVMA, April 15, 2006 “Clear and legible medical records are the cornerstone of good communication among veterinarians. Veterinarians have a responsibility to write legibly or type their records. Thorough documentation encompasses all diagnostic testing, procedures performed, drug dosing information, client communications, outstanding test results, and communications between general practitioner and specialist prior to referral.”
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JAVMA, April 15, 2006 “Veterinarians should fully write out words in medical records, and only commonly used and widely accepted abbreviations should be included. Medical errors should be documented in patients’ records.” A high standard … …a fair standard … The golden rule applies here as well …
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HELP from PLIT Standard Consent Form is available from AVMA PLIT Might also see AVMA PLIT Question/Answer 211 re importance of consent forms
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Pfizer policy announcement Veterinary Practice News April 2006 Pfizer policy to disclose as much as possible, and making brochures available on its products Notice relevance to … and pressure on … disclosure sufficient to permit informed consent
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Business Minutes Papers re Contract and Tort Generally good → → … some answers reflect that we could still use a little work on making sure you’re clear on the distinction and why it is so important in the legal system … … we’ll do this next session
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Next Minutes Paper—at beginning of November 30 session On malpractice standard “A veterinarian must exercise the care and diligence ordinarily exercised by skilled veterinarians
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Initial hypotheticals A groomer calls your veterinary office to ask questions about a certain pet’s medical records What do you tell the groomer? A state government employee calls and asks your office to send records to the local courthouse Can/should you do this?
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Hypothetical #3 Can vet #1 disclose nonpayment by client to vet #2 when the latter asks about this?
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