Experts highlight potential pitfalls, legal risks for veterinarians

LAS VEGAS — Complete medical records are a practitioner's best means to avoid malpractice claims. Necropsy reports rank a close second, experts say.

The advice came during the Merial-sponsored Paw & Order seminar on Tuesday at the Western Veterinary Conference in Las Vegas. During a panel discussion, industry experts representing parasitology, the insurance industry and veterinary legal profession weighed in on the rising incidence of malpractice claims and ways DVMs can avoid falling victim.

A variety of legal forms provide written documentation that can protect practitioners, the experts say. While consent forms shield veterinarians with client permission to perform procedures, waivers target owners who refuse services.

"They say if you don't follow our directions, we're passing the risk to you," says moderator Dr. James F. Wilson, JD, of Priority Veterinary Management Consultants in Yardley, Pa.

Necropsies also can transfer responsibility to owners following an unexplained or disputed pet death, says Dr. Charlotte Lacroix, Esq., of Veterinary Business Advisors.

"If you failed to offer a necropsy, it's going to look like it was because you knew the necropsy would point the finger to you," she says. "If the client refuses, put that into the medical records."

Such forms can be applied to parasitology cases, which can translate to human risks, says Kevin Kazacos, DVM, PhD, veterinary parasitology professor and director of the clinical parasitology laboratory at Purdue University. Veterinarians are under more pressure than ever to detect parasites and protect human health. A lot has to do with diagnostics, he says.

"No longer can we throw feces against the wall and if it sticks, the animal is infected," Kazacos says. "If you're not doing centrifugal flotation in one form or another, you're missing the boat as far as fecal diagnostics go."

If there's even a hint of a malpractice claim, notify the insurance carrier, advises Ed Branam, managing director of Veterinary Association Services with ABD Insurance and Financial Services.

"Document your case immediately," he says. "You're policy does not activate until you report the claim. I've seen veterinarians settle these cases without ever calling the insurance company and purchase a replacement animal, and I'll tell you they've just breached their contract."