6 Tips to Help You Obtain Owner Consent - AVMA PLIT

SPRING 2013
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Volume 32, Number 2
Closed Claims Report:
Herd Suffers After Omission in Diet; Owner Demands $192,000
Dr. A was treating several cows in a dairy herd for indigestion. Dr. A changed the rations and
included an energy supplement. A few weeks later, cows started exhibiting problems. When
reviewing the herd’s rations, Dr. A realized that the energy
supplement indicated that calcium and magnesium levels
should have been increased in the rations. Dr. A met with
the owner to discuss the omission. Dr. A adjusted the
rations, and the herd problems were eliminated.
A Report for
AVMA
PLIT-sponsored
Professional
Liability
Program
Participants
The owner demanded more than $192,000 for thirteen
lost cows, three cows sold for salvage, lost milk production,
loss of potential offspring, lab fees, and lost wages. Dr. A
reported the claim and consented to settle. After a claim
review, Dr. A’s insurance carrier agreed that the standard of
care had not been met. Dr. A’s insurance carrier requested
documentation from the owner to substantiate the demand.
The insurance carrier secured a veterinary expert to review
the documentation and provide an opinion on the market
value of the lost cows and milk production and the causal
link to the calcium and magnesium diet levels.
Closed claims continued on page 2
Contents
Closed Claims
Report
6 Tips for Owner
Consent
Inside the PLIT
HUB Wins Award
PLIT Calendar
Produced by HUB International
Midwest Limited
6 Tips to Help You Obtain Owner Consent
Lack of documented owner consent is a frequent issue in
PLIT malpractice claims. Here are six tips to help you
obtain owner consent. And remember—if it isn’t documented,
it didn’t happen. Your records are your defense.
1 Discuss the risks and benefits with the owner and check
for understanding.
2 Provide informational handouts and client informational
sheets.
3 Verbally explain written instructions.
4 Require that owners sign estimate forms, surgery release
forms, and consent forms when appropriate.
5 Ask the owner, “What questions do you have?” or “What concerns do you have?”
6 Document activity and conversations—owner attorneys have increasingly claimed ‘lack of owner
consent’ as the legal strategy and are often successful.

Lawsuits may take years and thousands of dollars to resolve. In addition to your policy limits, the PLIT-sponsored policy covers
court costs, fees for defense attorneys, and fees for expert witnesses provided by the insurance company. This is a significant
feature of our program. Please also note that each claim is evaluated on its individual merit and circumstances.
Closed claims continued from page 1
After an analysis of the herd documents
and the expert opinion, the insurance
carrier contacted the owner to negotiate
a settlement. The insurance carrier
advised that the valuation was
inflated due to the lost wage calculation
and because the demand included the
expired cows twice, first as lost cows
and again as part of the herd in the milk
production loss calculation. The insurance
company negotiated a settlement
and paid the owner $100,000 to settle
the case and more than $3,000 to secure
the expert opinion.
Dog Dies on Ventilator; Owner
Blames Dr. B and Refuses to
Remit $21,000 Payment
Dr. B was presented a dog on referral
for acute cervical disc herniation
and tetraparesis. The owner agreed
to diagnostic testing including a
myelogram and an MRI followed by
surgery if needed.
The dog’s
breathing
was
labored, so
Dr. B placed
the dog on a
ventilator for
the tests. After
completing the
diagnostics,
the dog was
unable to
breathe on
its own. As
a result, the
dog remained
on the ventilator
through the
surgery. Post-surgery, attempts for the
dog to self-ventilate were unsuccessful.
When the practice requested payment
for services rendered, the owner—who
had consented to the estimated medical
costs—refused to remit payment. The
dog’s condition continued to decline,
and it remained on the ventilator for
another seven days. The owner arranged
to transfer the dog to another facility.
Dr. B attempted to wean the dog off
the ventilator for the transport, but was
unsuccessful. The dog died of respiratory
complications.
Dr. B filed a collections lawsuit against
the owner for approximately $21,000 of
unpaid services. About a month later,
the owner filed a counter lawsuit against
Dr. B for veterinary malpractice and
unfair and deceptive trade practices. Dr.
B reported the malpractice claim, and
the PLIT-sponsored insurance carrier
provided legal defense counsel. After a
claim review, the insurance carrier and
Dr. B believed the standard of care had
been met—there was no evidence of
veterinary malpractice. (Please note: the
two lawsuits were completely separate;
Dr. B hired legal counsel to file the collections
suit, and the PLIT-sponsored
insurance carrier provided and paid for
legal counsel to defend Dr. B against the
allegation of veterinary malpractice.)
Dr. B’s legal defense proceeded with
case discovery. The insurance carrier’s
investigation, legal discovery, and
veterinary expert all supported Dr. B’s
standard of care. During the owner’s
first deposition with Dr. B’s attorney,
the owner appeared volatile and did not
reveal any testimony that supported the
allegation of veterinary malpractice.
Dr. B’s attorney opined that the owner’s
malpractice allegations were based on a
misunderstanding of the dog’s medical
treatment.
The mediation for Dr. B’s personal
collections lawsuit occurred before the
malpractice trial. Both parties agreed
to the collections mediation settlement:
the owner would pay a portion of the
incurred medical bills to satisfy the
debt and both parties would drop all
claims against each other (including
the malpractice lawsuit).
Dr. B’s insurance carrier paid more
than $25,000 in legal fees to defend
Dr. B against the allegation of veterinary
malpractice, which included
securing an expert witness and twenty
months of pretrial activity, discovery,
depositions, and motions.
Big Dogs Injure Little Dogs
Dr. C was presented with two little
dogs for boarding. As the dogs were

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being brought into the kennel room,
two big dogs attacked; one little dog
died and the other sustained multiple
injuries. Dr. C referred the dog to a
specialty clinic. The dog had sustained
large puncture wounds and fractured
ribs from the attack. The dog was also
treated for an abdominal hernia and
given a good long-term prognosis. The
owner demanded compensation for
the lost dog, medical expenses, and
reimbursement for a prepaid vacation
that was cancelled to care for the
injured dog. Dr. C reported the claim
and consented to settle the case.
After a claim review, the insurance
carrier presented a settlement offer to
the owner of more than $9,000 for
the medical expenses incurred at the
specialty clinic, the value of the lost
dog, and the non-refundable vacation
expenses that had been prepaid. The
owner accepted and the case closed.
Semen Straw Value Exceeds
Dr. D’s Semen Storage Limit
Dr. D was presented with a shipping
tank with thirty-one canine semen
straws. Dr. D inseminated one bitch
and left the remaining straws in the dry
ship tank with the intent of moving the
tank into permanent storage. The following
morning, an employee believed
the dry tank was empty because it was
not cold and placed the tank in a storage
closet. A few weeks later, the error
was realized. Nothing was salvageable,
and the owner demanded compensation.
Dr. D reported the claim and
consented to settle the case. Documentation
substantiated the value of the lost
semen straws at more than $15,000.
The PLIT-sponsored insurance carrier
paid the limit of Dr. D’s semen and
embryo storage on-premises limit, a
total of $10,000, to the owner. The gap
between the $10,000 settlement and the
$15,000 demand was not covered by
insurance based on Dr. D’s plan limits.
INSIDE THE PLIT: Janet Dee Donlin, DVM, CAE, PLIT CEO
Dr. Janet Donlin joined the AVMA PLIT on April 1, 2013 as Chief
Executive Officer. Dr. Donlin took over this position from Dr. Rodney
G. Johnson, who will be retiring this summer. In her role, Dr. Donlin is
responsible for the business operations of the Trust. She will speak
to AVMA members insured through the PLIT-sponsored programs,
answering questions related to malpractice allegations and practice
situations. She will also review professional liability claims, identify
experts and appraisers for claims defense, and advise the insurance
broker and underwriters regarding new developments in veterinary
medicine. Dr. Donlin will also visit several colleges of veterinary
medicine and represent the PLIT at various veterinary conventions.
“It has been fabulous coming to work at the PLIT during these past couple of months,” said Dr. Donlin.
“This is a wonderful job, and I’m proud and honored to be working and advocating for AVMA members.
The PLIT is so special because it is truly an organization created by veterinarians for veterinarians to
support all of your business, personal, and professional liability insurance exposures and needs.”
Before joining the PLIT, Dr. Donlin served as the Chief Veterinary Officer of Hill’s Pet Nutrition, Inc.,
where for six years she was responsible for managing the global veterinary teams and driving the
development of innovative products and services for the veterinary profession. Dr. Donlin served in
several progressive roles at AVMA from 1991 to 2007 including Assistant and Interim Director of Scientific
Activities, Associate Executive Vice President, Interim CEO of the National Council on Veterinary
Economic Issues, and Assistant Executive Vice President. Dr. Donlin began her career in a mixed animal
practice, and then she held faculty positions at the University of Minnesota Waseca campus while also
working at an emergency clinic.
Dr. Donlin graduated from the University of Minnesota with a Doctorate of Veterinary Medicine and a
Bachelor of Science in Medical Technology. In 2006, she was the first veterinarian to obtain the ASAE
Certified Association Executive credential (CAE).
When asked about her thoughts on the future of the PLIT, Dr. Donlin responded, “The PLIT is a strong,
growing program. No one understands the insurance and risk management needs of veterinarians
better than the PLIT. We’re celebrating fifty-one years of providing insurance solutions to veterinarians—
the program’s security, stability, and strength over the past five decades demonstrate that the PLIT
is the choice among veterinarians and veterinary students for business, malpractice, and personal
insurance solutions.”
Dr. Donlin continued, “In the 80s and 90s, the program evolved from a single-product offering
(malpractice) to a multi-solution source providing protection for: 1.) the entire veterinary team against
on-the-job injuries, 2.) the brick and mortar of your practice and everything inside, 3.) your business
income and assets, and 4.) the rising litigious environment against employers. Our goal is to continue
evolving as a business insurance partner for the veterinary community, supporting our mission to
provide a valuable AVMA member service that protects the assets and reputations of the participants
and enhances the image of the profession.”
To avoid a gap in coverage (and out-of-pocket expenses) like Dr. D, check that your limits
are adequate. There are three limits to check for the embryo and semen coverage (which can
be added to a professional extension (animal bailee) endorsement): the premises total (up to
$50,000), during transport (up to $5,000), and per unit (up to $1,000).

Spirit of
Excellence
Award
Calendar of Events
The AVMA PLIT is scheduled to attend more than twenty-five national and
regional veterinary conventions in 2013. Did you know that you can call
the PLIT office in advance to schedule an appointment during any of these
events? The PLIT Trust Veterinarians and insurance professionals from
HUB International (PLIT’s broker) welcome your questions. Need business
insurance? You’ll receive a $20 Amazon.com gift card when you stop at
the PLIT booth and submit an application for business insurance coverage.
And, you’ll receive a second $20 gift card if you bring a copy of your current
business owner’s policy (property/general liability) for a coverage evaluation*.
AVMA Annual Convention, Chicago, Illinois, July 20-23; booth 1511
HUB Midwest Five-time Consecutive
Winner of Zurich’s Spirit of Excellence
Award for the AVMA PLIT-sponsored
Professional Liability Insurance Program
HUB International Midwest Limited received its fifth Spirit
of Excellence Award from Zurich, the underwriter for the
PLIT-sponsored Professional Liability Insurance Program.
This award is designed to recognize program administrators
who demonstrate exemplary performance during the
previous year. Criteria included exceeding business goals,
performing effectively in the areas of underwriting and
finance, and displaying a commitment to strong customer
service. HUB is the only program administrator to win the
Spirit of Excellence Award for five consecutive years.
The PLIT is pleased to offer a $25 registration discount to AVMA
attendees! Enter exhibitor elite registration code E70 at www.
avmaconvention.org when you register. Discount valid for veterinarians
(except recent graduates), technicians, and practice staff during advanced
and pre-convention registration. The PLIT Trust Veterinarians and the HUB
Team will be available at booth 1511 to answer your professional liability and
business insurance questions.
CVC Kansas City, August 23-26, Kansas City, Missouri
Stop at the PLIT booth to visit with CEO Dr. Janet Donlin, Trust Representative
Dr. Linda Ellis, and HUB with all your professional liability and business
insurance questions.
Fall conventions will include IVECCS, AABP, the New England
Veterinary Conference, SWVS, VHMA, and ABVP.
*For active policies not placed through HUB International or the PLIT-sponsored Program.
Did You Know?
With the PLIT consent to settle clause—no claim
can be settled without your written consent.
This unique benefit, which is unparalleled in
the marketplace, protects your professional
reputation and discourages frivolous lawsuits.
P.O. Box 1629
Chicago, IL 60690-9850
Phone 800-228-PLIT (7548)
Fax 888-PLIT-FAX (754-8329)
Email info@avmaplit.com
www.avmaplit.com
Trust Broker and Consultant since 1962:
HUB International Midwest Limited
HUB International Midwest Insurance Agency (CA)
This newsletter contains only a general
description of coverages and does not include
all the benefits and limitations found in the
policies. Coverages may vary. All references to
coverage are subject to the policy’s conditions
and exclusions. The insurance policy and not
this newsletter will form the contract between
the insured and the insurance company.
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