VET MED LAW FINAL EXAM
CORRECT 100%
Is the Practice Act a state law or federal law? - ANSWERstate law
What are pets in the eyes of the law under the Practice Act? - ANSWERproperty
Economic Damages - ANSWER- the value of the animal
- with breeding animals, economic damages include possible income from future
offspring
- costs associated with the incident (not preventive vet care)
Non-Economic Damages - ANSWER- emotional distress
- loss of companionship
- non-monetary damages
What does the AVMA support, "welfare and ownership" or "rights and guardianship"? -
ANSWERwelfare and ownership
Law of Scienter - ANSWERfirst bite by a dog is "allowed" when the owner had no
previous knowledge of aggression
Bailment - ANSWERdelivering of one animal by the bailor (owner) to the bailee
(veterinarian) for treatment and care, then returned
How long should an animal be held if it is abandoned in your care? - ANSWER10 days
after notifying the owner with a certified letter and receipt
What are the elements of a contract? - ANSWER1. provision of an offer (verbal or
advertisement)
2. acceptance of the offer (expressed or implied)
3. meeting of the minds or a medical care plan (written plan, estimate, etc)
4. consideration (that which is given in exchange for the promised service; includes
action in relieance)
What are the remedies of a breach of contract? - ANSWER1. liquidated damages (pre-
determined amount of money that must be paid for a breach of contract)
2. specific performances (enforcing the contract exactly as written)
3. compensatory damages (monetary award)
4. restitution (payment of unfair gains in value)
5. mitigate damages (financial losses must be stopped as soon as possible)
Are Practice acts identical across states? - ANSWERno, may be the same model, but
contents may be diferent
, Who are the members of the state board of medical examiners? - ANSWER1. 6
veterinarians
2. 1 LVT
3. 1 member of the public (non-affiliated)
Can non-practicing veterinarians own a practice or serve on the state board? -
ANSWERno, must practice 35+ hours per week
What are the different levels of supervision that veterinary employees can function
under? - ANSWER1. immediate supervision (direct sight)
2. direct supervision (vet on premises)
3. indirect supervision (vet knows it's being done, but does not have to be present)
What are the parameters of a satellite clinic? - ANSWER1. must be associated with a
full service hospital
2. must be within reasonable distance
3. must be staffed by a veterinarian
A dog is hit by a car and brought into your clinic. It needs to be stabilized so that it may
live, but it is wearing a collar and is infested with fleas. What can you, the veterinarian,
do? - ANSWERA vet can treat the emergency and stabilize the patient, but the owners
must be contacted immediately. Owner would be responsible for any expenses that
were necessary to save the patient's life, but not for anything else, such as treating the
dog for fleas. Fees for unnecessary treatment would be unjust enrichment (for the
veterinarian).
Who does the vet that is performing the pre-purchase exam work for? - ANSWERthe
buyer of the horse, not the seller
During a pre-purchase exam, when should radiographs be taken? - ANSWER- only
when the horse is sound; if it is lame there is no need for the buyer to waste money,
considering the problem is already evident
- a lameness exam is the responsibility of the veterinarian hired by the seller of the
horse
What is the number one cause for legal claims between veterinarians and clients? -
ANSWERlack of effective communication
What is the American legal system based on? How are claims resolved? - ANSWER-
Common Law system
- adversarial dispute has historically been the choice of resolution
Treatment of what type of animals requires the veterinarian to have a special permit? -
ANSWERwild animals (only those native to this country), but not exotics (non-native
animals)
CORRECT 100%
Is the Practice Act a state law or federal law? - ANSWERstate law
What are pets in the eyes of the law under the Practice Act? - ANSWERproperty
Economic Damages - ANSWER- the value of the animal
- with breeding animals, economic damages include possible income from future
offspring
- costs associated with the incident (not preventive vet care)
Non-Economic Damages - ANSWER- emotional distress
- loss of companionship
- non-monetary damages
What does the AVMA support, "welfare and ownership" or "rights and guardianship"? -
ANSWERwelfare and ownership
Law of Scienter - ANSWERfirst bite by a dog is "allowed" when the owner had no
previous knowledge of aggression
Bailment - ANSWERdelivering of one animal by the bailor (owner) to the bailee
(veterinarian) for treatment and care, then returned
How long should an animal be held if it is abandoned in your care? - ANSWER10 days
after notifying the owner with a certified letter and receipt
What are the elements of a contract? - ANSWER1. provision of an offer (verbal or
advertisement)
2. acceptance of the offer (expressed or implied)
3. meeting of the minds or a medical care plan (written plan, estimate, etc)
4. consideration (that which is given in exchange for the promised service; includes
action in relieance)
What are the remedies of a breach of contract? - ANSWER1. liquidated damages (pre-
determined amount of money that must be paid for a breach of contract)
2. specific performances (enforcing the contract exactly as written)
3. compensatory damages (monetary award)
4. restitution (payment of unfair gains in value)
5. mitigate damages (financial losses must be stopped as soon as possible)
Are Practice acts identical across states? - ANSWERno, may be the same model, but
contents may be diferent
, Who are the members of the state board of medical examiners? - ANSWER1. 6
veterinarians
2. 1 LVT
3. 1 member of the public (non-affiliated)
Can non-practicing veterinarians own a practice or serve on the state board? -
ANSWERno, must practice 35+ hours per week
What are the different levels of supervision that veterinary employees can function
under? - ANSWER1. immediate supervision (direct sight)
2. direct supervision (vet on premises)
3. indirect supervision (vet knows it's being done, but does not have to be present)
What are the parameters of a satellite clinic? - ANSWER1. must be associated with a
full service hospital
2. must be within reasonable distance
3. must be staffed by a veterinarian
A dog is hit by a car and brought into your clinic. It needs to be stabilized so that it may
live, but it is wearing a collar and is infested with fleas. What can you, the veterinarian,
do? - ANSWERA vet can treat the emergency and stabilize the patient, but the owners
must be contacted immediately. Owner would be responsible for any expenses that
were necessary to save the patient's life, but not for anything else, such as treating the
dog for fleas. Fees for unnecessary treatment would be unjust enrichment (for the
veterinarian).
Who does the vet that is performing the pre-purchase exam work for? - ANSWERthe
buyer of the horse, not the seller
During a pre-purchase exam, when should radiographs be taken? - ANSWER- only
when the horse is sound; if it is lame there is no need for the buyer to waste money,
considering the problem is already evident
- a lameness exam is the responsibility of the veterinarian hired by the seller of the
horse
What is the number one cause for legal claims between veterinarians and clients? -
ANSWERlack of effective communication
What is the American legal system based on? How are claims resolved? - ANSWER-
Common Law system
- adversarial dispute has historically been the choice of resolution
Treatment of what type of animals requires the veterinarian to have a special permit? -
ANSWERwild animals (only those native to this country), but not exotics (non-native
animals)