Claim Scenarios
Claims happen. It’s just one of the realities of veterinary medicine. That’s why it’s our goal to educate AVMA members and provide them with the risk-management resources they need to prevent as many claims as possible. It’s also why we encourage them to get the coverage they need to protect their lives and livelihoods.
But sometimes a dose of reality is more compelling than a safety guide. So, take a few minutes to read about real-world claims your colleagues have faced.
Professional Liability
Dog Injured through Improper Use of Warming Blanket
A five-year-old Bichon Frise was presented to Dr. A for a dental prophylaxis and extensive extractions. Anticipating an extended procedure time, Dr. A wrapped the patient in a towel followed by a circulating water blanket to ensure adequate thermal support. The dog returned a few days later with painful bruising along the lateral lumbar region that eventually became necrotic. The dog was referred and hospitalized for suspected thermal burns and intensive wound management.
The client demanded reimbursement for the cost of treatment at the referral facility. Dr. A filed a claim with their insurance carrier. After careful review and consultation with the manufacturer of the circulating water blanket, the carrier determined that Dr. A did not follow the manufacturer’s recommendations, which state that the patient should be placed directly on the circulating water blanket. The dental procedure resulted in the towels becoming very wet, thereby increasing heat transfer and the likelihood of burns.
The carrier determined that Dr. A did not meet the standard of care, and Dr. A consented to settle the claim. The insurance carrier reimbursed the client $2,700 for the cost of treatment.
Professional Liability
Loose Ligature Results in ER Care and Death
Dr. B performed a spay on a three-year-old Akita. It was noted that the dog was slow to recover, and its gums were pale. Since the clinic was closing for the evening, the dog was referred to an emergency clinic for overnight observation.
The emergency veterinarian performed an abdominal exploratory and discovered active bleeding from the right ovarian pedicle secondary to a loose ligature. Before surgery was completed, the dog arrested and could not be revived.
The insurance carrier paid $3,100 for the cost of the emergency clinic and the loss of the dog.
Professional Liability
Family Contracts Ringworm after Vet Tech Gives Stray Kitten Clean Bill of Health
A stray kitten was adopted from Clinic C over the holiday season. Prior to adoption, the kitten was examined by a veterinary technician who noted small scabby areas, which she attributed to to resolving flea dermatitis. Three days later, the kitten was examined for a lesion under its tail which tested positive for dermatophytosis (ringworm). The lesion had been present at adoption but not identified as possible ringworm.
Five family members contracted the skin fungus and were treated, and the owner sought reimbursement from Clinic C for the medical expenses incurred.
After an internal review, the insurance carrier determined that the Clinic C's practice owner was liable for the technician who failed to alert a veterinarian to the scabby areas prior to adoption.
The insurance carrier settled the matter for $5,400, which included medical bills, mileage to and from the doctor appointments, and pain and suffering.
Business Interruption
Frozen Pipe Results in Extensive Water Damage at Practice
Practice D was closed for a winter holiday. When employees returned, they found standing water in the lobby and several exam rooms. Closer inspection revealed that a pipe had frozen and burst, resulting in significant water damage to Practice D’s interior.
Restoration efforts were effective in reducing the severity of the leak, but both the building and its contents still sustained considerable damage. Practice D was forced to close for the duration of the repairs and in doing so, lost several weeks’ worth of income. Practice D had previously secured general property insurance and business interruption insurance.
As a result, the insurance carrier paid out a total of $250,000, including $75,000 for lost revenue and payroll expenses.
Employment Practices Liability
FMLA Extension Denied
Employee E took Family and Medical Leave Act (FMLA) leave three months prior to giving birth due to a pre-existing disability that required her to be on bed rest until delivery.
After exhausting her FMLA leave, Employee E requested a five-day extension because she was not yet able to return to work. Practice F’s owner denied her request and terminated her employment, explaining that Practice F had a policy of denying FMLA leave extensions and instead encouraged employees to re-apply for positions once they were able to return to work at full capacity. The employee alleged that she was being discriminated against based upon her pre-existing disability and pregnancy.
The matter was resolved during mediation and was settled for $110,000.
Data Breach
Online Shopping Leads to Hack
While using a practice computer to check his personal email, Dr. G opened a message from a familiar clothing brand. The email advertised a downloadable coupon to be used within 48 hours. When Dr. G clicked the coupon link, the practice computer was infected with a virus.
The hacker demanded a $5,000 ransom to release control of the device.
In total, Dr. G’s Data Breach policy paid $7,500 to help cover the cost of the ransom, the cost of notifying all affected clients, and legal services.