Vet Records - Legal Aspects

[Tickytarvy]

Good morning

I know that you have to obtain consent from a previous owner in order to get hold of any records whilst in their ownership.

My question is …… does a vet have to tell you if they hold records relating to the animal even though they can’t disclose what the records contain?

Legally, can you get hold of a previous owners records if you apply for a court order?

Any experiences or knowledge on this gratefully received.

 

[Birker2020]

Good morning

I know that you have to obtain consent from a previous owner in order to get hold of any records whilst in their ownership.

My question is …… does a vet have to tell you if they hold records relating to the animal even though they can’t disclose what the records contain?

Legally, can you get hold of a previous owners records if you apply for a court order?

Any experiences or knowledge on this gratefully received.

I don't know the answer to that but what a previous owner can have more than one vet practice attend to their horse.

So they might have a practice that has only done routine stuff like vacs or teeth rasping and another practice that has done a lot of invasive procedures. There is nothing in existence to link both records up for a new purchaser unless it comes via the seller. So if the person selling is devious they will only produce a 'clear' vet record to the buyer.

 

[Tickytarvy]

I don't know the answer to that but what a previous owner can have more than one vet practice attend to their horse.

So they might have a practice that has only done routine stuff like vacs or teeth rasping and another practice that has done a lot of invasive procedures. There is nothing in existence to link both records up for a new purchaser unless it comes via the seller. So if the person selling is devious they will only produce a 'clear' vet record to the buyer.

Thanks for replying

Exactly! I have the vaccination vet records but I am deeply suspicious that the hospital that has treated the horse for me holds records from the previous owner. Just trying to find out my position before I start being a “problem“ ?

 

[Birker2020]

Thanks for replying

Exactly! I have the vaccination vet records but I am deeply suspicious that the hospital that has treated the horse for me holds records from the previous owner. Just trying to find out my position before I start being a “problem“ ?

What did the previous owner say?

 

[Red-1]

Thanks for replying

Exactly! I have the vaccination vet records but I am deeply suspicious that the hospital that has treated the horse for me holds records from the previous owner. Just trying to find out my position before I start being a “problem“ ?

I would get an open letter to "whom it may concern" that any vet records held about this horse can be released. You can then take it to whichever vets you please.

I would draw my own conclusions if they said no.

Just be warned, if you find that there is a previous condition, it may invalidate the insurance as a pre-existing thing that they would not have insured, had they known.

 

[Highmileagecob]

You would have to get written permission from the previous owner to allow access to previous records. Even before GDPR kicked in there was a rule of confidentiality. If you inform a new vet that you think XYZ Vets treated your horse in the past, then they can ask for the transfer of records, but again, previous owners now have to consent. You are within your rights to ask if any records are held in the name of Mr / Mrs ABC, and politely ask if you should ask the previous owner to transfer - that at least would be enough to link you as the new owner of the horse and at least make the hospital aware of previous issues.

 

[SO1]

Interesting I wonder how that would work for insurance where a vet had treated a horse for something the horse gets a new owner who insures the horse uses the same vet and then when vet has to disclose the horses's record to the insurance company.

Does the vet just give information from when they have treated the horse with new owner or do they give insurance the vet record for horse for everything they have treated.

How would it also work if vets knew horse had say kissing spines and they had operated or injected and horse gets sold without disclosure. Horse gets problem new owner calls vet, vet knows horse has kissing spines, new owner ask vet to xray back as suspects horse has kissing spines does the vet then say no point in doing this I already have xrays for this horse or do they pretend they don't know and go through the diagnosis again.

Good morning

I know that you have to obtain consent from a previous owner in order to get hold of any records whilst in their ownership.

My question is …… does a vet have to tell you if they hold records relating to the animal even though they can’t disclose what the records contain?

Legally, can you get hold of a previous owners records if you apply for a court order?

Any experiences or knowledge on this gratefully received.

 

[Tickytarvy]

What did the previous owner say?

They have only forwarded ‘vaccination vet’ history and have never had any other problems apparently.

 

[Tickytarvy]

Interesting I wonder how that would work for insurance where a vet had treated a horse for something the horse gets a new owner who insures the horse uses the same vet and then when vet has to disclose the horses's record to the insurance company.

Does the vet just give information from when they have treated the horse with new owner or do they give insurance the vet record for horse for everything they have treated.

How would it also work if vets knew horse had say kissing spines and they had operated or injected and horse gets sold without disclosure. Horse gets problem new owner calls vet, vet knows horse has kissing spines, new owner ask vet to xray back as suspects horse has kissing spines does the vet then say no point in doing this I already have xrays for this horse or do they pretend they don't know and go through the diagnosis again.

This is what is going around in my head ?

 

[Highmileagecob]

If the vet knows for sure that there has been previous treatment through another owner, I suspect it would lead to a suggestion of 'further testing,' which will show up the original complaint. Any insurance claim is only valid for the person named on the policy, otherwise the vet could be accused of breaching confidentiality, and there could be accusations of fraud.
If I am wrong, and the rules have changed, perhaps someone still working in vet. surgery or insurance can correct me.

 

[Landcruiser]

In our small animal vet practice, we need verbal or written permission from the owner as they appear on our records to send on histories to other vets or to *insurance companies. *If we know the client is claiming for current treatment, it is standard to send history to insurance co when requested without specific client permission.
GDPR is taken very seriously indeed in the vet sector. It would be a very difficult position for a vet to be in if they had previously treated an animal that then appeared with a new owner, where the history was unknown to the new owner. I'm really not sure what we (as vet practice) could do, but I do know we could not legally divulge previous history without permission from prev owner or their representative if they were, say, dead or otherwise seriously incapable.