Vets Professional Misconduct - Advice

DressageStar

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1 March 2007
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Hi,

Just wondering what your opinion is on this.

I have my pony up for sale. He will not pass a 5*vetting although the thing that is wrong with him doesn’t affect his performance in anyway whatsoever. We had him vetted as a lady was interested in buying him, she paid for the vetting but when he failed she lost interest. We reduced his price a great deal and another lady became interested. We told her that he wouldn’t pass the 5* but she said she would like it anyway to make sure everything else was OK. She spoke to the vet that did it before and basically he told her what he had found when he vetted him last time for lady number 1.
Now in my opinion he shouldn’t have done this, as it is private information that shouldn’t be passed around and is supposed to be kept confidential.

I have written to the RCVS and they sent me this;

Client Confidentiality

1. The veterinary surgeon/client relationship is founded on trust, and in normal circumstances a veterinary surgeon must not disclose to any third party any information about a client or their animal either given by the client, or revealed by clinical examination or by post-mortem examination. This duty also extends to associated support staff.
2. In circumstances where the client has not given permission for disclosure and when the veterinary surgeon believes that animal welfare or public interest are compromised the RCVS may be consulted before any information is divulged.
3. Permission to pass on confidential information may be express or implied. Express permission may be either verbal or in writing, usually in response to a request. Permission may also be implied from circumstances, for example in the making of a claim under a pet insurance policy, when the insurance company becomes entitled to receive all information relevant to the claim and to seek clarification if required.
4. Registration of a dog with the Kennel Club permits a veterinary surgeon who carries out surgery to alter the natural conformation of a dog, to report this to the Kennel Club.'

This in my opinion confirms my thoughts that the information was between the 1st lady and myself and shouldn’t have been passed on without our permission.

What do you think? Do you think I should take it any further, speak to a solicitor etc?
 
I don't see the point really, presumably he though he was saving her the cost of vetting horse again as he had just done it..or would you have preferred her to hand over her money to him to be told the same thing?
 
the 'client' in this case is not yourself but the first person who paid for the vetting when the horse failed

item 3 states permission to pass on confidential information may be expressed or implied

so therefore if the original person has given permission then the vet isn't in the wrong
 
Sorry to hear about your troubles...but it really does not seem worth trying to pursue anything...what will you get anyway...an apology? Surely you would not be thinking of pursuing for compensation??? Really not worth anyones trouble. Even if he has slipped up, the lady would have found out anyway and either bought the horse on that basis or not. I am afraid this will come up for you time and time again unless someone buys him without a vetting.
What is the reason he won't pass if you don't mind saying?
 
Not worth taking it any further in my opinion - as has been said, the lady would have found out so no harm has been done as far as I can see.
 
I sold a horse a few years ago that would not pass a vetting due to stringhalt & pedal ostitis. She was being treated for the latter with eggbars & navilox & was doing really well but I wanted to jump seriously.

I was 100% open & honest in my advert, had someone interested in her & handed over a huge wodge of vet bills & insurance claims for them to peruse. They had their vet out to look at her & the paperwork & he said that for their purposes ie happy hacking she'd be fine. I sold her & they were very pleased with her.

So it CAN be done, and it sounds as if your horse has less wrong with it than mine. TBH I wouldn't begrudge the 2nd buyer 'finding out' what was wrong with your horse because presumably you'd be telling them yourself anyway?
 
Well as you were not the client of the vet, I honestly am having trouble with seeing where you have been wronged? The first client was the original potential purchaser, the second was the next potential customer - the vet has no allegiance to you I'm afraid - it is between him and his other clients.
 
No, I don't think there has been any client confidentiality breach here - you were not the client. As a buyer, I'd be well happy to have my money saved
wink.gif
. Had you not already told the second potential buyers about the fail? Have they also declined to buy the pony? Sueing the vet is not appropriate (or likely to be successful). If he just went ahead and vetted it, and charged her, and told her the same thing, would it really make any difference?
 
The 2nd lady was fully aware that he would not pass a 5* vetting and still agreed a price with me , however she wanted to be on the safe side and check that he was 100% in everyother way which he was ! It seems the vet has made him out to be much worse than he is as the lady only wanted to do fun rides and novice dressage with him and I myself compete him at a far higher and more strenuios level than that and he has no problems !!

I was aware that as the person that didnt pay I wouldnt be able to "claim " which is not what I wanted to do anyway , but as the owner of said pony I did think I would have some say in what the vet was telling people about my animal.

Ahh well you win some you lose some eh :P
 
if the vet told big fat fibs about your pony then I could see your point, and you'd have every right to complain. But if he told his client the truth, then there's no problem.
 
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