17 Dec Equine Veterinary Disputes
As horse owners, we often have our equine vet on speed dial. They play a vital role in all equestrians’ lives. But what happens when you are facing a dispute with your equine vet?
When you instruct a vet to look after your horse, whether it is for carrying out treatment or a pre-purchase vetting, you expect them to provide a high level of skill and care. Unfortunately, this is not always the case and vets can make bad judgements, leaving horse owners out of pocket and wondering if they can make a claim.
Several unfortunate circumstances can lead to disputes between horse owners and veterinary surgeons. For example,
- Veterinary negligence – Equine veterinary negligence occurs when a veterinary surgeon’s actions or omissions fall below the standard of care expected of a reasonably competent vet. This could result in a purchaser buying a horse with medical issues they did not know about, or direct harm to a horse they already own.
- Informed consent – Veterinary surgeons have a duty to obtain informed consent from the horse owner before performing any treatment procedures. Disputes can arise if the owner alleges that they were not adequately informed about the risks and benefits of a proposed treatment plan.
- Misdiagnosis or missed diagnosis – This occurs when a veterinary surgeon fails to correctly diagnose a horse’s illness or injury. This could delay the appropriate treatment, causing further health problems.
- Improper treatment – Allegations of improper treatment can involve concerns about the use of incorrect medications, inappropriate surgical procedures or even inadequate post-operative care which is just as important.
- Veterinary bills – disagreements over excessive veterinary charges or unexpected costs associated with treatment often lead to disputes.
Veterinary negligence
Veterinary negligence is usually the primary reason for equine veterinary disputes. For a vet to be liable in negligence, their actions must have resulted in harm, loss, injury or damage. You must be able to show they not only made poor decisions, but that no other reasonable body of vets would have acted in the same manner.
Equine veterinary negligence can happen through:
- Misdiagnosis – A failure to correctly diagnose an illness or injury can lead to delayed or inappropriate treatment, worsening the horse’s condition.
- Incorrect treatment – Administering the wrong medication, performing surgery with errors or using improper treatment methods can cause further harm.
- Pre-purchase examination errors – Missing a crucial pre-purchase health issue can leave you with a horse unsuitable for its intended purpose and significant veterinary bills.
- Anesthesia errors – Incorrect administration of anesthesia during surgery or procedures can lead to serious complications or even death.
It can sometimes be difficult to notice veterinary negligence, but it is important to be aware of the potential warning signs. Some include, but are not limited to:
- Significant deterioration after treatment
- Deviation from expected procedures
- Lack of communication and
- A failure to follow up after treatment/surgery.
The importance of seeking legal assistance
Sometimes disagreements with your veterinarian cannot be resolved through open communication. If so, there are several avenues for dispute resolution which are available:
- Internal complaints procedure – Most veterinary practices should have internal complaints procedures. Following these procedures allows the practice to investigate the matter, attempting to reach a resolution.
- The Royal College of Veterinary Surgeons (“RCVS”) – RVCS offers a complaints procedure for investigating allegations of veterinary negligence or misconduct.
- Mediation – This involves a neutral third-party facilitating communication and negotiation between you and the veterinarian to, hopefully, reach a mutually agreeable solution.
- Litigation – Litigation may be a last resort if all other avenues fail. This is a complicated, intricate and expensive process, so seeking advice from an equine law specialist is crucial.
If you are involved in a potential equine veterinary dispute, or alternatively have any equine law questions, please do not hesitate to contact our equine law team.
- Email info@hrjforemanlaws.co.uk
- Call Hitchin, 01462 457711, Welwyn Garden City, 01707 887700, Old Harlow 01279 709 100.
- Complete our contact form here
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