Animal Dynamics

The Standard of Care is a slippery beast. It is evolving and changing, and subject to argument and disagreement. In court cases, it is established by expert testimony based on what a "reasonable and prudent" professional would do in like circumstances.

In a recent newsletter from the Professional Liability Trust of the American Veterinary Medical Association, a closed claim for owner injury was presented. In the case, Dr Y (not his or her real name, although the facts of the case are genuine) was presented a cat for difficulty breathing. An assistant attempted to administer oxygen by face mask and the cat bit the oxygen tubing. On the second attempt, with the owner restraining the cat, the owner was bitten.

The owner developed cellulitis and required several days hospitalization to recover. The owner hired an attorney and demanded $85,000 alleging Dr Y and his staff acted negligently. The insurance carrier determined that it was below the standard of care to have the owner restrain the cat during treatment.

Dr Y consented to settle the case and the owner eventually accepted a $20,000 settlement for medical expenses.

For MANY years practice consultants and advisers have suggested that veterinarians opened themselves to liability if they allowed clients to participate in restraint of their own pets. This is the first report I'm aware of that establishes this standard across the board. The PLIT is a national insurance carrier and would clearly articulate what is an accepted national standard.