481658 - Law and Veterinary Medicine Second Hour:...

Info iconThis preview shows pages 1–9. Sign up to view the full content.

View Full Document Right Arrow Icon
Law and Veterinary Medicine Second Hour: Confidentiality, Records, Consent and Practical Issues November 27, 2006 Paul Waldau, D.Phil., J.D.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Session Topics ± Confidentiality ± Records ± Practical issues of consent ± Communication and avoiding suits ± Why does it matter who owns the dog?
Background image of page 2
An important distinction ± Confidentiality of records ± versus ± Confidentiality of communications
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Confidentiality of records ± … different from communications … ± Statutory obligations are often quite detailed (JAVMA, August 1, 2006, “Laws and regulations concerning the confidentiality of veterinarian-client communication”)
Background image of page 4
Confidentiality of records ± Distinguish these situations ± a. where you choose on your own to disclose records ± b. where you are asked by a lay person to disclose records ± c. where a court commands you to disclose records
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
a. Where you choose on your own to disclose records ± EASY ANSWER—IT’S A PROBLEM LEGALLY and ETHICALLY ± You risk legal liability if you disclose records that are statutorily required to be kept confidential ± Grounds: invasion of privacy, interference with contractual relationship, violation of state practice act
Background image of page 6
b. Where you are asked by a lay person to disclose records ± EASY—IT’S A PROBLEM—GENERALLY, YOU HAVE A CONFIDENTIALITY OBLIGATION ± What can make this seem complicated is the fact that your practice owns the records ± You might assume that, because the practice OWNS the records, you can do with them as you please ± BUT YOU HAVE A CONFIDENTIALITY OBLIGATION IMPOSED BY BOTH LAW AND PROFESSIONAL ETHICS
Background image of page 7

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Subsequent vets—can you give them information? ± Hypo—subsequent vet asks for your records, doesn’t say anything about client permission ± Wilson 345-6—It is clear that subsequent vets treating an animal do NOT have a right to receive a copy of the patient’s record UNLESS the owner requests that
Background image of page 8
Image of page 9
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 03/03/2012 for the course LAW 218 taught by Professor Waldau during the Fall '06 term at Tufts.

Page1 / 28

481658 - Law and Veterinary Medicine Second Hour:...

This preview shows document pages 1 - 9. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online