Tips to avoid malpractice claims

Solid communication skills bridge the gap between you and the client—and reduce your risk of malpractice claims. Use these strategies to refine your approach and avoid potential trouble spots.

1.Don't make promises about medical outcomes. Make sure you're open and honest about the reality of the situation.

2.Keep all parties informed. Often there are several people involved when you examine a horse—the seller, buyer, owner, barn manager, absentee owner, and so on. Dr. Rodney Johnson, a trust representative with the AVMA PLIT, says to make sure your contact is authorized to make medical decisions.

3. Explain treatment options thoroughly and use language your clients understand. If it's noisy, speak up or move to a quieter location, says Dr. Johnson. He suggests asking the owner or agent to repeat information back to you.

4. Be clear about the limitations of pre-purchase exams. "Buyers must understand that a pre-purchase exam isn't a warranty," says Dr. Dennis Meagher, MS, Ph.D, Dipl. ACVS, and professor emeritus at the University of California-Davis School of Veterinary Medicine.

5. Stick to your protocols. If you must diverge from your normal practices during a purchase exam, make note of the circumstances, says Dr. Meagher.

6. If you don't know, say so. Dr. Meagher recommends suggesting a second opinion if you aren't sure what to do. Be sure to note your recommendation in the record, he says.

7. Keep complete—and legible—records. If a client files a claim against you, your records are your greatest allies. Consider using a computerized system to keep your records neat.

8. Follow up with the client. When you've discussed purchase exams or novel, controversial, or potentially risky surgeries or therapies, send a letter to the client, reiterating treatment options and other important information, says Gregg Scoggins, a veterinarian and attorney who serves as the national director of regulatory affairs for the Magna Entertainment Corp.

9. Keep your team in the loop. Cross-training, or even the opportunity to observe co-workers, gives employees better understanding so they can answer clients' questions and address their concerns with confidence. Ambulatory practices should consider wireless technology to stay connected to the office.

10. Create a client-focused culture. "It's important for your whole team to develop strong skills so everyone is prepared to address clients' questions and concerns at check-in, checkout, and during any follow-up discussions," says Dr. Johnson.