Do You Always Provide the Standard of Care?

by Steve Busalacchi

A roomful of veterinarians weren’t quite sure how to answer the provocative question posed by fellow vet and attorney, Charlotte Lacroix. She spoke at the Milwaukee Emergency Center for Animals’ third annual meeting on May 10 in Milwaukee, regarding liability issues in veterinary medicine.

“Do you always provide the standard of care in your practice?” asked Lacroix, a New Jersey consultant, speaker and adjunct professor at the University of Pennsylvania. Murmurs and table discussions quickly spread across the room and some audience members responded that they are often limited by clients in what they are able to do for their animals.

“Clients cannot dictate the minimum standard of care,” Lacroix stated.  In fact, professional licensing boards aren’t especially interested in what the client was willing or not willing to pay for. A licensed veterinarian, explains Lacroix, is responsible to the community to perform his or her services within the minimum standard of care. For instance, if a suffering animal requires pain medication, the treating doctor may not administer half the necessary dose to satisfy a client who puts a dollar amount on how much he or she will pay for the pet’s care.

“To be within the standard of care, veterinarians must perform their duties with an average degree of skill, care and diligence exercised by colleagues practicing under the same or similar circumstances,” writes Lacroix in an article, Malpractice risks. Where are they? posted on her website, www.veterinarybusinessadvisors.com.

But since veterinary medicine is not highly regulated compared to other professions, Lacroix concedes that it’s not always so clear exactly what the standard of care is. Moreover, the standard may well change on a daily basis, depending on continuing treatment developments!

As any good attorney will advise, Lacroix says the best course of action is to avoid ever having a client dispute go to court or before the licensing board. This is where good communications skills and listening can help diffuse a tense situation, without actually admitting any fault. It’s also essential, according to Lacroix, to stay abreast of what the profession considers the standard of care when treating your patients.