Legal protection when a veterinary client says "no"

Q: If a client refuses our pet care recommendations and signs a waiver, how protected is my practice legally?

"A waiver of compliance is usually accepted by veterinary license boards as confirmation that a particular outcome couldn't be attained because the client didn't let the veterinarian do the recommended procedure," says Dr. Karl Salzsieder, JD, a Veterinary Economics Editorial Advisory Board member and owner of Salzsieder Consulting and Legal Services in Kelso, Wash.

However, Dr. Salzsieder points out that a license board's acceptance of the waiver also has to do with the client's understanding. If the board finds that the client didn't fully understand the risk of harm to their pet, then the waiver may be deemed ineffective. So the form must be accompanied by your explanation of the patient's risk of harm.

"Instead of asking clients if they have any questions, ask them to explain it back to you," says Salzsieder. "If they can't, then they don't understand."

The client's understanding and the formality of the form go hand in hand to decrease the liability risk from a lawsuit. Every practice should use the forms when possible, but they are only risk-prevention devices, says Dr. Salzsieder.