New graduates need legal guidance, experts say

EXETER, N.H. — Most students gain little legal direction from veterinary college curriculum before jumping into private practice. Without practical knowledge and awareness, associates can be blindsided by the law.

The warning comes from Doug Mansfield, an attorney formerly with the New York City Center for Animal Care and Control, and James F. Wilson, DVM, JD, of Priority Veterinary Management Consultants. Their advice: Getting the proper post-graduation start means scrutinizing employment contracts. Don't sign anything until the contract is reviewed for legal missteps and loopholes. Without professional guidance, associates can tie themselves in long, unfair binds, they say.

It's worth the money, Mansfield says.

"It will take maybe two hours for an attorney who, depending on his hourly rate, will charge from $120 to $300 an hour," he says. "They'll take you through the contract, and make suggestions on some changes that might need to be made."

The non-compete arena

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 range from where the practice's clients are derived. The area and enforceable timeframe should be reasonable, Mansfield says.

"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."

By nature, veterinary medicine is a niche profession. That means average lawyers aren't familiar with practice or state norms, Wilson adds.

"Only a local lawyer who researches state law can really tell you what's acceptable parameters," Wilson says. "But when it comes to salaries, specialty medicine and product pay-based quirks, you really need a veterinarian lawyer to advise you with respect to the breadth of the benefit package."

Malpractice vulnerabilities

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

"A dispute usually escalates into a lawsuit when the professional fails to treat the customer with respect and empathy," he says. "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."

That's where professional liability insurance comes in to play. There are two forms: protection against civil claims and a veterinary license defense rider. DVMs need both, Wilson says. "The chance of the state board getting a complaint is twice as high as you ever seeing a civil lawsuit," he explains.

Ask for help

Don't be afraid to ask for assistance when faced with a troubling case, Mansfield says. Second opinions can boost 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. "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."

Be a thorough note-taker

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.

"Should you be in a position to hire or fire someone, documentation is useful," he says.

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 daily operations of practice, Mansfield says. Paying attention early can ease the transition from employee to employer, he adds.