Professional negligence

[auntyfifi]

Hi,
I recently bought a relatively expensive horse. Had him vetted by one of the top equine vets in my area. Passed with flying colours, but have now discovered he has a sarcoid. Looking back on pics it is obvious he had it when he was vetted! Where do we go from here?

 

[Alec Swan]

An interesting question and one to which you should perhaps seek sound legal advice. My immediate response would be that if the sarcoids were as 'obvious' as you say, did you not see them for yourself, assuming that you viewed the horse pre-purchase? The Vet's legal counsel may well argue that assuming that you did in fact inspect the horse for yourself, and were the flaw obvious, then you too are equally responsible.

NOT siding with Vets, just taking the stance of the Devils Advocate!

Alec.

 

[peaceandquiet1]

Sarcoids can come up quickly and I expect the vet will say it wasn't present at time of vetting.

 

[auntyfifi]

Yea that's a valid point, but I'm not a vet. My husband had spotted it but again is not a vet and it didn't look too much like a sarcoid at the time. I do think a vet should have at least mentioned it. I was present at the vetting and didn't point it out as it was my husband who had seen it previously

 

[auntyfifi]

It's visible in a photo taken just days before vetting?

 

[bluebellfreddy]

Where is the sarcoid? And what you want to use the horse for. My mare who is out eventing at Novice has a sarcoid that has just been banded, it does not cause her any problems.

 

[JillA]

I would speak to the vet who did the vetting - he may say it wasn't there, or that it was but not in any place it could affect his usefulness, or whoops I missed it, in which case you can get into discussion about his insurers and compensation.
If he says it wasn't there you will need another expert to verify how long such a one will have taken to develop if you are considering official action (court). By and large the only people who come out of suing better off are the legal profession so speak to the vet concerned, and then decide if it really is a problem. Would you have gone ahead with the purchase if it had been brought to your notice at the time?

 

[paddy555]

if this was an equine vet I would have expected him to point it out at least so you could consider it. I don't see why a horse owner should have noticed. You are paying a vet to go over the horse and point out it's problems. A potential owner may not even know what a sarcoid is. Otherwise why employ a vet.

Before you can decide what to do what do you actually want from the vet? rid of the horse, compensation or what?

 

[Goldenstar]

I would except a vet to fail a horse with a sarcoid .
Can you prove the sarcoid was there at vetting ?
I would in the first instance approach the vet who did the vetting but I am confused as to why you did not ask about the lump if you knew it was there .
Sarcoids often appear during a change of home so you will need to be to prove it was there before to take any action against the vet .
The vet will be insured for this sort of claim.

 

[auntyfifi]

Thank you that is what we have been thinking of doing. We definitely would not have bought him if it had been pointed out to us. He was expensive
But being a 4yr old bay, didn't even think of sarcoids as being a possibility! Stupid probably, but that is why you employ the professionals!

 

[auntyfifi]

Thank you. Yes I know it seems daft but it just looked like a small scab at the time.

 

[auntyfifi]

Thank you. Yes that is my feeling, it wasn't up to me to spot things wrong, that's why you employ a professional. We really don't want rid of the horse, but we do feel hard done by as he cost a lot, so we would not have bought him with any issues if we had known about them.

 

[auntyfifi]

It is at the top in side far front leg. It doesn't really cause any problem now. He is also for eventing. But that really isn't the issue. The fact is we paid a lot of money, employed one of the top equine vets to check him out and we don't feel he did that great a job! His resale value will def be affected, but that is not why we bought him. But all these things need to be taken into consideration!

 

[JillA]

It is possible that it isn't a sarcoid but a viral wart. They can be difficult to tell apart unless you are a vet but like any other virus, the bodys immune system will eventually deal with a wart.

 

[auntyfifi]

No I'm not a vet but we have had it looked at by another vet who has confirmed its a sarcoid

 

[DollyDolls]

If it isn't on the vetting as pre existing then it's covered by insurance.
If you are trying to prove the vet missed it then you would not be covered under your insurance policy to treat it.
One of mine had sarcoids and eventually I treated them as they changed quickly.
The treatment isn't that expensive and mine never came back in 7yrs (bay horse).
You could negotiate the vet treat for free and draw a line under the whole incident.

 

[auntyfifi]

Thank you, yes that is another option as we are not in the habit of sueing and would like to come to some kind of resolution. ��

 

[SO1]

Show the vet the picture you took at the time and ask why he did not pick up the sarcoid. TBH though if you saw it at time and wondered what it was why did you just not ask the vet then? Vets are human and they do make mistakes and in my experience they normally ask you when you get the horse vetted if you have any concerns or anything in particular you have noticed that you want them to check.

I would always suggest you have a conversation with the vet first to see what they say and what they are willing to offer you in compensation if they have made a mistake.