Legal guidance pays off for new graduates

EXETER, N.H.— Most students gain little legal direction from veterinary college curriculum on legal landmines in private practice. Yet experts warn that without knowledge and awareness, associates can be blindsided by the law.

Getting the proper post-graduation start means scrutinizing employment contracts, says Doug Mansfield, attorney and former legal counsel for the New York City Center for Animal Care and Control. Don't sign anything until the contract is reviewed, he warns. Without guidance, associates can find themselves in long-term binds.

"Have legal counsel review all documents before signing your name to them," he says. "It will take maybe two hours for an attorney who, depending on his hourly rate, will charge from $120 to $300 an hour. It's worth the money. They'll take you through the contract, and make suggestions on some changes that might need to be made."

Know your terms

Key areas of concern often come with a contract's non-solicitation and non-compete clauses, which become significant when the associate veterinarian plans to leave a practice. While non-solicitation clauses bar associate veterinarians from taking the practice's clients, non-compete clauses limit the associate veterinarian's ability to practice medicine within a predetermined vicinity.

Non-compete restriction must coincide with the area where the practice's clients are derived. The range and enforceable timeframe should be reasonable, Mansfield says. Don't sign a non-compete clause that culminates in 10 years, he adds.

"Make sure you don't handicap yourself down the road when you decide it's time to move on, " he says. "When a non-compete clause is challenged, the courts look to see if they're reasonably drafted. These allowances vary from state-to-state, but the time frame usually varies from one to three years."

Show you care

Veterinarians not only must protect themselves from their employers, they should guard against the public. When clients are displeased with services and become irate, it's best to remain calm and friendly. Nothing fuels a lawsuit like contempt, Mansfield says.

"A dispute usually escalates into a lawsuit when the professional fails to treat the customer with respect and empathy," he says. "Try to resolve the issue. Talking to the person can defuse the situation. If you take the tact that you're not concerned and won't deal with the problem, that's when things get out of control."

Reach out

Don't be afraid to ask for help when faced with a troubling case, Mansfield says. Second opinions can bolster a veterinarian's position when faced with legal action, he adds. New graduates often are embarrassed to ask for help, which can lead to complications.

"When you get a second opinion on a tough case and you think it's useful, document it," he says. "Document that you took that extra step. That's going to weigh in your favor to show you were exercising due care and fulfilling your obligations to your patient and your client."

Take notes on everything

Documentation shouldn't end with second opinions. Be thorough when writing what examinations and treatments show. Also include dealings with colleagues and staff. This adds to the author's credibility and can be useful when handling disputes, Mansfield says.

"It's important across-the-board," he says. "Should you be in a position to hire or fire someone, documentation is useful. If you have problems, you'll have a much stronger case if it should turn into something."

Learn the ropes

While veterinary college is reserved for learning medicine, the job market is a great place to learn management skills. Don't ignore the day-to-day operations of the practice, Mansfield says. Paying attention early can ease the transition from employee to employer, he adds.

"Learning to manage is important," Mansfield says. "It's best to learn right from the beginning the aspects of running a veterinary practice, dealing with client issues and employment law. Pay attention. It's much easier than five years down the road when you decide to go out on your own."