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
Mare Strikes Owner during Euthanasia
Dr. A was presented with a geriatric Fox Trotter mare for euthanasia due to non-responsive colic episodes. The owner agreed to assist Dr. A during the procedure. While Dr. A was injecting the euthanasia solution, the horse reacted, reared and struck the owner in the face, resulting in multiple facial fractures. The owner underwent several surgeries and suffered chronic pain and vision loss in one eye.
The client filed a malpractice claim against Dr. A for reimbursement of the medical expenses and long-term effects of the accident. After a review, Dr. A's insurance carrier denied the allegations of negligence, opining that allowing experienced clients to restrain horses during treatment is common practice and that the client's injury was considered an inherent risk of horse ownership and husbandry.
The client hired an attorney and filed a lawsuit against Dr. A. During the trial, the client’s attorney argued that Dr. A did not provide proper training and supervision to the client regarding what to expect during the procedure, and did not inform the client of the risks of the procedure, specifically that horses can exhibit explosive behavior during euthanasia.
The veterinarian expert opined that it was within the standard of care for a veterinarian to utilize a client for restraint during treatment; however, best practice would have been to inform the client of the treatment plan and risks of the procedure.
Based on the expert's opinion, the insurance company determined that Dr. A was below the standard of care. Dr. A consented to settle the suit and the insurance carrier determined a settlement value of $45,000.
Professional Liability
Flu Vaccination Turns Dangerous
Dr. B was asked to vaccinate a long-time equine patient with a history of being difficult to handle. Dr. B attempted unsuccessfully to catch and vaccinate the horse without assistance. Two days later, Dr. B contacted the horse’s owner (Owner C) and requested they assist by holding the horse while Dr. B vaccinated it. Owner C arrived to the stable before Dr. B and was holding the horse with a halter and lead shank in an open area. When Dr. B approached the horse, it bolted, knocking Dr. B and Owner C to the ground.
Owner C suffered severe injuries, including six broken ribs, hemothorax, pneumothorax, and a punctured lung. Owner C remained hospitalized for several weeks, developed congestive heart failure due to the chest injuries, and had multiple chest tubes placed. Owner C was discharged and remained under home care for several months before returning to work.
Owner C pursued a malpractice claim against Dr. B for the injuries. After a review of the incident, the insurance carrier determined that Dr. B held some liability for asking the owner to hold the horse during treatment while knowing the horse was unmanageable in the recent past.
Owner C’s attorney originally demanded $4 million. The claimed damages included medical bills of over $300,000 and lost wages. Additionally, Owner C sought non-economic damages for pain and suffering and emotional distress.
The insurance carrier concluded that Owner C was significantly at fault as an experienced equine handler. However, if the case was litigated and Owner C prevailed, the verdict was likely to be in excess of Dr. B’s policy limits, given the severe nature of the injuries.
Following negotiations, the insurance carrier settled for $600,000 and the claim was closed.
Animal Bailee
Filly Euthanized after It Runs into Fence
A filly boarding at Dr. D’s practice was found with severe head injuries and a catastrophic long bone fracture. The owner consented to euthanize the horse due to the extent of its injuries.
Dr. D presumed that the filly ran into the fence and reported the claim to their carrier. The carrier requested documentation from the owner to substantiate the value of the filly and also secured independent appraisals as confirmation.
The carrier negotiated a settlement under Dr. D’s Bailee plan and paid the owner more than $19,000 for the value of the horse.
Business Interruption
Frozen Pipe Results in Extensive Water Damage at Practice
Practice E 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 E’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 E was forced to close for the duration of the repairs and in doing so, lost several weeks’ worth of income. Practice E 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 F 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 F requested a five-day extension because she was not yet able to return to work. Practice G’s owner denied her request and terminated her employment, explaining that Practice G 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. H opened a message from a familiar clothing brand. The email advertised a downloadable coupon to be used within 48 hours. When Dr. H 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. H’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.