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Exam (elaborations)

CVBL LEGAL Questions with Complete Correct Answers | Grade A+

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Neglience Ans: careless neglect, often resulting in injury Legal courts for vets Ans: civil and state board duty of care Ans: The client must demonstrate that the veterinarian "owed" services of a certain standard. Courts almost always find that veterinarians providing services have assumed the legal duty to take reasonable care. Breach Standard of Care Ans: This breach occurs when veterinarians fail to act with the level of skill and knowledge commonly possessed by members of the profession who are in good standing. proximate of care 2 Ans: The client must prove that the veterinarian's failure to provide services within the standard of care "proximately" or "closely" caused the harm suffered by the client. If the harm suffered is not a result of the veterinarian's actions or omission of actions, the veterinarian should not be held responsible. damages Ans: Clients must establish that they suffered harm resulting from the veterinarian's negligence. Animals are considered property under the law and, therefore, most state courts do not recognize the loss of companionship. Harm is usually considered in the form of economic loss, resulting in malpractice awards that typically only cover the animal's fair market value, costs incurred for veterinary care, and loss of income or profits from the animal's loss of use. An increasing number of states are considering awards for noneconomic damages, though, which will likely increase the standard of care scrutiny and the number of lawsuits filed against veterinarians. non-economic damages Ans: The legal system, and many members of society at large, have been considering extending a status to animals that considers them as more than property. If they are considered to be more than property then, according to the AVMA, there will be repercussions that will not benefit the animal community. The desires of the community to extend their status beyond simply property are already covered by other legislation, including animal welfare laws. Because of this, creating non-economic damages will cause more harm to the profession than not. 3 standard of care Ans: the degree of care that a reasonably prudent person should exercise under the same or similar circumstance

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