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
Communication Issues Result in Board Complaint
A 10-year-old mixed breed dog was diagnosed by its primary veterinarian, Dr. A, with a right stifle CCL tear. Dr. B (a mobile surgeon) was contracted to perform the TPLO repair at Dr. A’s hospital. The dog developed post-op complications and was seen multiple times by Dr. A and a referral center. Dr. B was not made aware of dog’s post-op condition.
Approximately four months later during a scheduled recheck by Dr. B, the dog was noted to be non-weight bearing lame with laxity in the knee. Dr. B suspected the stabilization had failed and recommended a repeat surgery at a reduced cost. The owner refused to pay for the corrective surgery and filed a board complaint against Dr. A and Dr. B.
The owner alleged that Dr. B had performed the surgery incorrectly and that they had never been made aware of the potential risks of failure. Dr. B reported the incident to the PLIT program. Following a review, the insurance carrier for the program determined that Dr .B had met the standard of care and that aftercare and communication were Dr. A's responsibility.
The board complaint against Dr. B was dismissed without penalty, but the owner then filed a civil suit against both Dr. A and Dr. B., seeking $14,000 in damages. The plaintiff’s attorney dismissed the file prior to trial and the case was closed.
Professional Liability | Animal Bailee
Human Injury and Animal Loss Result in $4,000 Demand
Dr. C set up a mobile veterinary unit in a parking lot and established a fenced area for kennels. Dr. C’s assistant was leading a Springer Spaniel from the kennel area into the mobile unit when the dog refused to climb the steps. The assistant attempted to pick the dog up and was bitten on the arm and hand, causing her to release the leash. The dog escaped, and search efforts failed to locate it.
Upon being informed, the owner demanded reimbursement for the dog as well as additional compensation for future puppies and show earnings. Dr. C declined to pay and reported the claim to their carrier.
Following Dr. C's refusal to reimburse, the owner filed a suit in small claims court, alleging negligence and demanding $4,000 for the value of the dog plus costs and interest. Dr. C's insurance carrier hired an attorney who in turn filed a Motion to Compel Compliance with Expert Witness Statute.
The owner failed to provide an expert affidavit, and the case was dismissed.
Professional Liability
Family Contracts Ringworm after Vet Tech Gives Stray Kitten Clean Bill of Health
A stray kitten was adopted from Clinic D over the holiday season. Prior to adoption, the kitten was examined by the veterinary technician. Small scabby areas were noted and were attributed to resolving flea dermatitis. Approximately three weeks 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 D for the medical expenses incurred. After an internal review by the insurance carrier, it was determined that the Clinic D's practice owner was liable for the technician who failed to notice the lesion and alert a veterinarian.
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 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.