Veterinary law: Enter the age of enlightenment

As veterinary practitioners, we know that new and unanticipated challenges face us in a world of accelerating change and technological development. The media and particularly the Internet have altered both the level of information available to us and the level of expectations of our clientele.

What changes, then, can reasonably be expected in the realm of veterinary medicine and its interface with litigation, public health responsibility, controlled substance duties and other areas of the law? Essentially, it is fair to assume that the law will continue to involve veterinarians and indeed all health practitioners increasingly as the availability of information and ease of communication continue to develop.

Veterinary medicine and litigation

Our clients know more than ever about veterinary medicine, and we are expected to know more as well. Whether the increasing expectations of clients are reasonable or not, two very real legal issues arise as a result of the increasing availability of information.

First, our less-savvy clients are likely to fall prey to the old adage that "a little knowledge is a bad thing." By this I am referring to those clients who, notwithstanding their own marginal educational background or poor command of science and medicine, are inclined to believe that they can obtain enough information about a treatment protocol or surgery you may perform to pass judgment on its technical adequacy. The risks associated with widespread availability of information, on the Internet and reported through the media, is as similar for veterinarians as physicians.

Medical doctors are faced with clients who now come into their offices having already decided that Viagra is more appropriate for them than a diabetes screening to deal with impotence. Others clients have predetermined that Celebrex is the best choice for them rather than weight loss in the management of joint pain.

Our clients are presenting us with similar challenges, and in the event that the veterinarian's treatment modality fails, Internet-empowered pet owners are more likely to sue believing that they knew best all along.

Second, well-educated clients present their own issues. Even when these individuals have a reasonably firm grasp of the workings of medicine and surgery, they may be the first to second-guess whether you selected the correct approach to treating their animals. Where did their doubts and suspicions arise? Naturally, they will be based on the information they have sifted through in their own personal review of the veterinary literature on the Web. These folks may be the first to call an attorney if they feel that their interpretation of the literature indicates that your interpretation was flawed.

Watchful eye

The media in the 21st century have increased awareness of the vital role our profession plays in protecting public health and welfare. Along with the added awareness comes, inevitably, increased expectations about the protection veterinary professionals should offer an individual client and society in general.

I believe that we will be expected to raise our level of medical scrutiny in the examination room, on the farms and ranches where we practice. Whereas at one time the public looked only to medical doctors and health officials to protect personal safety, veterinarians will be called upon increasingly to function in this role. It would not be shocking if, in the future, dairy and beef cattle veterinarians were called to task for alleged failures to identify mad cow disease when some plaintiff's attorney casts his net in search for defendants.

As litigation continues to develop into an ever-more popular pastime throughout the country, it is not unreasonable to imagine veterinary practitioners being called upon to answer for human injuries and medical conditions, particularly for malpractice in the form of "failure to warn."

I make certain, for example, that I warn clients (and document those warnings) in instances when I examine aggressive pets. This is particularly so in circumstances where children are in the pet owner's household. Additionally, if the client is accompanied by a "special needs" child or one who appears to be less likely than average to recognize the signals that pets send out that they are reaching the end of their patience, I discuss and document the dangers that pet may pose.

It is not difficult at all for me to picture myself or some other veterinary practitioner caught in the cross hairs of some lawyer bent on alleging that we have a duty to apprise clients of aggression-related risks to the family.

In the decades to come, veterinarians may become more deeply embroiled in issues related to controlled substances and their abuse by the public. We already know of the mounting risks to the security of our workplaces now that media reports have widened public knowledge of the products we stock including ketamine, diazepam and steroids.

Would it be a stretch to picture a practice environment in which veterinarians would be held accountable for failure to report suspected cocaine or methamphetamine toxicity in animals presented for emergency treatment? What, if any, legal privilege exists when a client reveals that his pet inadvertently got into the stash of heroin or crack that was being prepared for sale? It is, of course, our obligation to ask about such things. Inevitably, some criminal clients will reveal secret information if they feel it will help save their pet/companion/prized fighting dog.

There are a million questions about the veterinarian's public responsibility as this century moves forward. What laws apply to veterinarians and how are we expected to deal with new legal issues as they emerge. Without question, the future will draw us deeply into all aspects of the law. Are you ready?

Dr. Allen

Dr. Allen is president of the Associates in Veterinary Law P.C., which provides legal and consulting services exclusively to veterinarians. He may be contacted at (607) 754-1510 or @veterinarylaw.com.