Notifying us of claims for compensation from alleged negligence

Notifying claims for compensation from alleged negligence

Section 45 of the Veterinary Practice Act 2003 (VP Act) imposes an obligation on veterinary surgeons registered in South Australia to provide the Veterinary Surgeons Board of South Australia (the VSBSA) with prescribed information about any claim for damages or other compensation against that veterinary surgeon or any other person for alleged negligence committed by the veterinary surgeon in the course of providing veterinary treatment.

The intent of section 45 is to ensure the VSBSA is fully informed to enable it to fulfil its overriding function under the VP Act of regulating the provision of the veterinary treatment for the purposes of maintaining high standards of competence and conduct by veterinary surgeons.

The obligation under section 45 takes precedence over obligations to maintain client confidentiality and any confidentiality agreements with other parties.

Failure to comply with this obligation is an offence carrying a maximum penalty of $10,000.

In addition, failure to comply with the obligation may be proper cause for disciplinary action against a veterinary surgeon

Criteria for obligation to be enlivened

For the obligation to report to the VSBSA to be enlivened, there must be a claim for damages or other compensation made against a veterinary surgeon or any other person alleging negligence. The phrase “damages or other compensation” means a pecuniary award to compensate for loss or injury caused by another’s negligence.

Further, the negligence complained of must be in connection with the provision of veterinary treatment. A claim against a veterinary surgeon in any other capacity – such as in their capacity as an employer or occupier of veterinary premises – does not trigger the obligation to report to the VSBSA.

For example, a slip and fall injury sustained by a client on veterinary premises which is the subject of a claim for negligence against a veterinary surgeon as the occupier of such premises, for example, is not required to be notified to the VSBSA.

The claim need not be made personally against a veterinary surgeon. Therefore, if a veterinary surgeon becomes aware that a claim against another person (which includes not only an individual but also a legal entity such as a company) in relation to veterinary treatment which that veterinary surgeon provided, he/she must provide the prescribed information to the VSBSA pursuant to section 45.

This is the case even if the veterinary surgeon is not personally named as a party to the claim. For example, if a claim has been made against a veterinary surgeon’s employer only in respect of that veterinary surgeon’s alleged negligence, he/she is required to report to the VSBSA. The same obligation arises where a veterinary surgeon provides services for or as director of a company if a claim is made against that company concerning the provision of veterinary treatment.

A claim need not be the subject of formal legal proceedings in a court of law. Provided it is a claim for damages or other compensation for alleged negligence during veterinary treatment, the obligation to report to the VSBSA is triggered. Notwithstanding that an agreement has been reached whereby damages or other compensation is paid to a claimant to settle a claim of alleged negligence in full satisfaction of commencing legal proceedings, the obligation to report to the VSBSA remains. In other words, the obligation under section 45 pertains to any claim for damages or other compensation for alleged negligence during veterinary treatment, regardless of whether or not it has been the subject of legal proceedings.

The threat of a claim being made does not of itself give rise to the obligation to report to the VSBSA (although it might trigger the obligations of the veterinary surgeon or his/her employer to notify their insurers).

Veterinary surgeons are urged to contact their insurers and/or seek legal advice if they are uncertain as to whether a claim made against them or another person meets the criteria to enliven the obligation to provide prescribed information to the VSBSA pursuant to section 45 of the VP Act.

Required action

If a claim meeting the above criteria has been made against a veterinary surgeon, he/she is required to provide the prescribed information about the claim to the VSBSA at two stages.

Regulation 7 of the Veterinary Practice Regulations 2017 (Regulations) sets out the information which is required to be given to the VSBSA about a claim. Different information is required to be given at each of the two stages.

The VSBSA requests that all information provided pursuant to section 45 be given in writing.

Prescribed information to be provided at first stage

Within 30 days after a claim is made, the veterinary surgeon must provide the following information to the VSBSA:

(a) the nature of the veterinary treatment that is alleged to have been carried out negligently;

(b) full details of the alleged negligence;

(c) details of the place at which the negligence is alleged to have occurred;

(d) the time at which and the date on which the negligence is alleged to have occurred; and

(e) full details of the injury or loss suffered or allegedly suffered by the claimant as a result of the alleged negligence;

Prescribed information to be provided at second stage

Within 30 days of a claim being concluded or finalised by either an order made by a court to pay damages or other compensation, or entry into an agreement for payment of money in settlement of that claim (either with or without a denial of liability), the veterinary surgeon must provide to the VSBSA:

(f) details of the order or agreement, including the amount ordered or agreed to be paid.

Disclaimer: The VSBSA does not accept any liability to any person for the use of this information. If you require an interpretation of the VP Act and/or the Veterinary Practice Regulations 2017, you should seek your own legal advice.

Working to ensure those in the profession achieve and maintain high professional standards of competence and conduct in their provision of veterinary treatment.

Correspondence Policy

We recommend using our postal address if your correspondence is sensitive and/or includes hard copy or confidential attachments (such as photos or documents). Please ensure you include a return postal address.

Our approach
When we perform our work, we aim to be fair, impartial, consistent, respectful, courteous.

How you can help us
To allow us to perform our work effectively and efficiently, we expect that you will familiarise yourself with our correspondence policy, give us accurate and complete information, treat us with respect and courtesy.

We aim to respond to correspondence, where required, within 20 working days of receipt.

Sometimes the matters raised in correspondence are complex and require detailed investigation in which case our response time will be longer.

There may be occasions where the issues you raise are outside our responsibilities. In this case we will refer you to the appropriate organisation or government department/agency. We encourage you to check to see if your issue is within our jurisdiction before you correspond with us. For example, if your enquiry relates to the ability of a veterinary surgeon to obtain, possess, prescribe or dispense Schedule 4 drugs, please direct your enquiry to the Office of the Chief Pharmacist: SAPharmacy@health.sa.gov.au. If your enquiry relates to the ability of a veterinary surgeon to obtain, possess, prescribe or dispense Schedule 8 drugs, please direct your enquiry to SA Health: HealthDrugsofDependenceUnit@sa.gov.au

We do not provide legal advice or personal advisory services to members of the community, veterinary services providers or veterinary surgeons.

We will only respond to items where we are the primary recipient. We will not respond to correspondence where we have been included as a carbon copy.

We will delete unsolicited advertisements without response.

We will not respond to correspondence containing offensive language or content.

We will forward any correspondence containing threatening content or advocating illegal activities to South Australia Police.

Your correspondence, once received, will become an official record of the Veterinary Surgeons Board of South Australia.