Has your vet, farrier, physiotherapist or any equine professional fallen below standard, causing your horse harm and costing you money?
Introduction
Professional negligence in the equine industry occurs when a professional body fails to meet the standard of care expected of a reasonably competent expert in their field. This can result in harm, injury and additional pain and suffering to your horse/ pony.
How do I know if it is considered professional negligence?
Well, there is a specific test that we must undertake to determine whether the dispute is classed as a professional negligence claim.
The test is “what would a reasonable professional (in the relevant field) have done in those circumstances?”
Where do I start?
It is highly recommended that you communicate your concern with the professional, whether that be your vet, farrier, equine physiotherapist etc. to see if your concerns can be resolved amicably.
Thereafter, it is common practice that those professionals/ businesses will have a complaints procedure. Following the complaints procedure, will show that you are willing to resolve the situation and will allow all relevant members of the business to be made aware of the ongoing issue.
Ensure that you review the complaints procedure carefully and include all necessary information.
Should I seek a second opinion?
YES!
If you suspect that something is not right and do not agree with what one professional has done, seek a second opinion. This will not cause any harm; it will provide clarity for you. Whether that be, that you were correct, and the second opinion shows that something was not right or whether they say that the best course of action was provided originally.
Who are the Royal College of Veterinary Surgeons?
The Royal College of Veterinary Surgeons (RCVS) are a charity that: “aims to enhance society through improved animal health and welfare. We do this by setting, upholding and advancing the educational, ethical and clinical standards of veterinary surgeons and veterinary nurses.”
They are an external body, independent from your vets, who can investigate concerns and complaints; that you have not been able to resolve directly with your vets.
On the RCVS website, they explain their processes and how it works.
Who are the Farriers Registration Council?
The Farriers Registration Council (FRC) are a corporate body whose vision is: “Prevention and avoidance of suffering by equines through ensuring that equine owners are able to access the equine hoof-care that best meets their needs in a timely and assured manner; this care will be delivered only by those capable, qualified and registered to do so.”
They are an external and independent body that can investigate concerns and complaints that you have been unable to resolve directly with your farrier/ blacksmith.
Medical records…
When looking to instruct us, it is highly beneficial for you to obtain all medical records for the equine in question. Medical records assist us with chronology and provide background information.
We understand that this can be challenging, so the sooner you request them, the better.
Examples of veterinary negligence…
Veterinary negligence can be anything from: misdiagnosis, surgical error, failure to advise of the risk; to neglect.
This area is broad and there is no case the same so even if your concern is not listed, it does not necessarily mean that you do not have a case.
I think I have a claim for professional negligence against someone other than my vet or farrier…
If you think you have a claim against an equine professional that is not your vet or farrier, please contact us for further information. This blog focuses on the more common issues, but that is not to say we cannot assess your case to see if we can help.
I want to proceed with a claim…
On the basis that we have carried out all the relevant investigations and the prospects of success are sufficient; we can look to proceed.
As always, we will look to reasonably seek a resolution with the Defendant (the professional) prior to issuing any Court proceedings. However, before issuing Court proceedings there is a Pre-Action Protocol that must be adhered to. A letter before action will need to be sent to the Defendant, which must allow them time to respond, before Court proceedings are issued.
The content of the letter before action is very specific and it is important that the letter before action is properly drafted and includes all the relevant items in accordance with the Civil Procedure Rules.
If the matter cannot be resolved without the need for Court proceedings and if Alternative Dispute Resolution (mediation etc.) has been attempted (or refused by one party) then Court proceedings can potentially be issued. This can be a costly process.
How can we help?
Leah Mackay is a Solicitor Apprentice in our Dispute Resolution Team.
If you believe you have a professional negligence claim and wish to seek legal advice, please contact Leah or a member of the team on 01245 584549 or complete our online enquiry form.