Session 6

• Common law

  Laws based on judicial decisions and custom, developed by judges through decisions of courts and similar tribunals
• Civil law

  Section of the law that deals with disputes between individuals or organisations
• Criminal law

  Section of the law that deals with disputes between society and individuals or organisations
• Statutory law

  Laws made by an act of parliament
• Precedent

  A legal decision serving as an authoritative rule or pattern in similar cases that comes after
• Statutory law consists of laws that have been made by an act of parliament. Government may introduce a 'Bill' to update existing laws or develop new ones to respond to changes in society. A Bill is debated in Parliament and once passed is drafted into law.
• Common law is the body of law based on judicial decisions and custom, i.e. based on normal practice it is law developed by judges through decisions of courts and similar tribunals.
• Negligence

  1. Is there a duty of care?

  2. Has there been a breach of that duty of care?

  3. Has this resulted in damage which would have been reasonably foreseeable?
• When the law has be contravened the people involved will take their case to court if they require justice. When taking the case forward, in either criminal or civil case the court representatives will use the statutory law, witnesses, case law, evidence and possibly common law to establish their case.
• Differences between civil and criminal cases

  • Who can bring a case
  • Who hears a case
  • Outcome
  • The consequences
  • The timescale
• Civil case

  Individual can bring the case, a judge (up to three) hears the case, each case will have different 'counts' each one will be view on an individual basis (shades of grey), the reparation will be a monetary value attributed to the case not the individual, approximately 3-10 years timescale
• Criminal case

  Society (Scotland Procurator Fiscal, England CPS Crown Prosecution Service) can bring the case, judge and jury hear the case, either be innocent or guilty (not proven in Scotland) with the assumption of innocence i.e. innocent until proven guilty, custodial sentence, community payback orders, fine or a combination, approximately 1-2 years timescale
• The 5 Freedoms

  1. Freedom from hunger, thirst and malnutrition
  2. Freedom from discomfort and exposure
  3. Freedom from pain, suffering and disease
  4. Freedom from fear and distress
  5. Freedom to express natural behaviours
• Role of the VS in consent

  The VS has the primary role - gaining consent from the owner and taking action where consent is either withheld or the person able to consent is not available
• Role of the RVN in consent

  "Support the clients through the decision making process"
• Whistleblowing

  Reporting some wrongdoing - making a disclosure in the public interest

  If an RVN has a grievance it is discussed with a senior member of the practice

  If the matter is resolved then there is no action, should the matter not be resolved then further action is taken

  It is discussed with the Professional Conduct Department

  A formal complaint is then submitted
• Requirements to be a VS

  • must hold a degree in veterinary medicine that is recognised by the RCVS
  • Be a member (or a fellow) of the Royal College of Veterinary Surgeons (MRCVS)
  • members must pay an annual subscription
  • must complete the minimum required CPD (35 hours)
  • must complete a declaration regarding any convictions
• Requirements to be an RVN

  • Must hold a veterinary nursing qualification that is recognised by the RCVS
  • be registered as a veterinary nurse with the RCVS
  • Have completed the minimum number of training hours (both at uni/college and within veterinary practice)
  • Pay an annual subscription
  • Complete the minimum required CPD (15 hours)
  • Complete a declaration regarding any convictions
• Direction - the VS instructs the RVN/SVN regarding the task however may not necessarily be present
• Supervision - the VS is available on the premises for assistance/support as needed
• What can SVNS do?

  They may carry out all tasks that an RVN can, however they must be supervised by a VS or RVN or in the case of minor surgery the supervision must be direct, continuous and personal. Treatment must only be carried out as part of the SVNs training
• Who may carry out schedule 3 procedures?

  In addition to RVNS/SVNS:

  • The animals owner, member of the household or employee
  • In the case of agricultural animals, the owner or the person caring for the animals
  • Animal husbandry trainees - castrating certain male animals, disbud calves, dock lambs tails
  • Any person may carry out emergency first aid
• SUPERB checklist

  S - Specific Procedure - is the procedure medical treatment or minor surgery, not entering a body cavity?

  U - Under Care - is the animal under the VS care and has the animal been seen recently enough?

  P - Person - can this person be delegated to? Eg RVN/SVN, not laypeople

  E - Experience - do they feel capable and have enough competence and experience?

  R - Risks - have the risks specific to this case been covered?

  B - Be There! - is the VS available to direct and supervise as necessary?
• What is the Bolam test?


  Lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals

  Tests if an individual claiming to be a skilled professional would act in accordance with other skilled professionals in the same field
• Forseeable negligence

  The consequences of a negligent act must be foreseeable by a reasonable person in the circumstances eg not disposing of sharps in the sharps bin, it is foreseeable a colleague may suffer injury

  Just because damage to a person is foreseeable, it does not matter that the consequences themselves were unforeseeable eg Bradford vs Robinson Rentals
• Compensation?


  In the UK the injured party should be returned to the position they would be in had the negligent act not been performed.

  The courts will still compensate loss of earnings, medical expenses, loss of property and will also allow damages for loss of future earnings and pensions, pain, suffering and loss of amenity

  If an animal has been damaged or lost owing to negligence, the owner may sue for the reduction in value or loss of the animal eg breeders
• Res Ipsa Loquiter - the thing speaks for itself

  Applied when the court is prepared to infer negligence purely from the effect on the claimant - eg if a swab was left in a patient, it does not matter how it happened, only that it never should have happened if reasonable care was sufficient
• Res Ipsa Loquiter - Conditions?

  1. The dependent must be in control of the thing which caused injury to the claimant
  2. The accident must be of such a nature that it wouldn't have occurred otherwise
  3. There must be no explanation for the incident