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Aust Vet J Vol 77, No 1, January 1999 11
News
This is a true story. A veterinarianwent out to look at a horse,opened its mouth and soon
received a Statement of Claim for$350,000. Even worse - he wasn't insured!
Most professionals might think thiscould not happen, but let's see how it did.
The client alleged that:• The vet, although requested to look at
a leg, elected to rasp the horse's teeth• The animal reared and threw her to the
ground• The vet should have taken precautions
for her safety• She suffered a compression fracture to
L4 vertebra, disc injuries to lumbarspine, bruises, abrasions andshock
• She has pain and restricted movementto low back; may require lumbarsurgery; has back pain radiatinginto both legs; finds difficulty standing,walking or sitting for long periodsThe vet responded that:
• The horse had proven very amenable
to handling despite its leg injury• The owner specifically requested a den-
tal examination, which the horseaccepted without incident
• The client appeared comfortable hold-ing the horse
• Although the horse reared, it was notsevere
• The client reported no specific symp-toms when approached after the inci-dentWithin the space of two years a law
firm, a private investigator and five'expert' witnesses had become involved -and a bill of $52,500 had accumulated.The matter has only recently beenresolved! And then only after the vet gaveup the fight - at a cost to him of $17,500- despite having obtained evidence thatthe plaintiff had:• a history of pethidine use for back
problems prior to this accident• a long history of a bad back, disc degen-
eration, and inability to lift things
• poor vision in the right eye• a history of past horse accidents,
including fractures to fingers, a footand a legThe veterinarian believed he had been
covered for both professional and publicliability, although he had insured his prac-tice with two different companies.Tragically, he discovered that the profes-sional liability cover had lapsed (throughdifficulties with a renewal notice) and thepublic liability insurer flatly denied liability.The hapless vet now urges colleagues to:1. Obtain public and professional liability
insurance with the same company2. Don't trust horses and horse people.
practice pit fa l l s
A sad and sorry tale about a vet - and a horse
Compiled by the InsuranceSubcommittee, AEVA - with thesupport of Guild Insurance.