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WINTER 2008<br />

Volume 27, Number 1<br />

<strong>International</strong> <strong>Health</strong> <strong>Certificates—Do</strong> <strong>You</strong> <strong>Know</strong> <strong>the</strong> Current<br />

Guidelines and Regulations<br />

for six months at an expense of $10,400. Dr.<br />

A had relied on <strong>the</strong> guidelines previously used<br />

for export requirements. Dr. A consented to<br />

settle <strong>the</strong> matter and Dr. A’s <strong>PLIT</strong>-sponsored<br />

insurance carrier has offered to pay <strong>the</strong> owner<br />

$10,400 for <strong>the</strong> quarantine expense.<br />

A Report for<br />

<strong>PLIT</strong>-sponsored<br />

Professional<br />

Liability<br />

Program<br />

Participants<br />

Contents<br />

<strong>International</strong><br />

<strong>Health</strong> Certificates<br />

Open Claims<br />

Report<br />

<strong>PLIT</strong> Personal<br />

Insurance<br />

Calendar of Events<br />

Inside <strong>the</strong><br />

<strong>PLIT</strong><br />

Self-audit <strong>You</strong>r<br />

Records<br />

Closed Claims<br />

Report<br />

Produced by Hub <strong>International</strong><br />

Midwest Limited<br />

The <strong>PLIT</strong> frequently reviews malpractice claims<br />

that involve international health certificates. The<br />

responsibility is on <strong>the</strong> veterinarian to research<br />

and follow current international guidelines and<br />

regulations. Here are three claims where <strong>the</strong><br />

veterinarian breached <strong>the</strong> standard of care by not<br />

being aware of international travel regulations.<br />

Client Quarantines Pets Overseas<br />

Dr. A was presented with two cats who were<br />

being moved overseas. The owner requested<br />

that Dr. A ensure that <strong>the</strong> animals were<br />

compliant with export requirements. The cats<br />

were current on vaccinations (including rabies)<br />

so Dr. A performed <strong>the</strong> required microchip<br />

placement. One month later, Dr. A did <strong>the</strong><br />

rabies titers. Six month after this, Dr. A wrote<br />

<strong>the</strong> certificates of veterinary inspection.<br />

The owner and pets moved overseas. Upon<br />

arrival, <strong>the</strong> certificates of inspection were<br />

denied because <strong>the</strong> micro-chipping needed<br />

to precede a rabies vaccination (even if <strong>the</strong><br />

pet was current on rabies). Consequently, <strong>the</strong><br />

owner was required to quarantine <strong>the</strong> pets<br />

<strong>International</strong> <strong>Health</strong> Certificate<br />

Rejected<br />

Dr. X was presented a cat for an international<br />

health certificate. Dr. X inserted <strong>the</strong> microchip<br />

and <strong>the</strong>n drew blood for <strong>the</strong> rabies titers. No<br />

vaccinations were given because <strong>the</strong> cat was<br />

current. When <strong>the</strong> owner moved overseas, <strong>the</strong><br />

health certificate was rejected as a result of<br />

improper vaccination protocol. The cat was<br />

quarantined for six months, and <strong>the</strong> owner<br />

demanded compensation. Dr. X consented to<br />

settle <strong>the</strong> claim and Dr. X’s <strong>PLIT</strong>-sponsored<br />

carrier reimbursed <strong>the</strong> owner $4,867 for <strong>the</strong> sixmonth<br />

quarantine expense.<br />

Dr. Y Found Liable for Not<br />

Researching Export Requirements<br />

Dr. Y was presented four cats for examination,<br />

rabies testing, and microchip placement. The<br />

owner and cats were moving abroad. Dr. Y<br />

performed <strong>the</strong> procedures and <strong>the</strong>n advised <strong>the</strong><br />

client to investigate if anything else was needed<br />

for <strong>the</strong> cats to move overseas. Just before <strong>the</strong><br />

move, <strong>the</strong> owner discovered that <strong>the</strong> cats did not<br />

meet <strong>the</strong> international vaccination requirements.<br />

To still move on time, <strong>the</strong> owner was required to<br />

quarantine <strong>the</strong> cats for six months upon arrival.<br />

The owner contended that it was Dr. Y’s responsibility<br />

to follow <strong>the</strong> correct protocol, while Dr.<br />

Y believed it was <strong>the</strong> owner’s responsibility to<br />

research <strong>the</strong> requirements. A claims investigation<br />

determined that Dr. Y did not meet <strong>the</strong> standard<br />

of care and that Dr. Y was <strong>the</strong> responsible party<br />

to research export requirements. Dr. Y’s insurance<br />

carrier reimbursed <strong>the</strong> owner $7,679 for<br />

<strong>the</strong> six-month quarantine expense.


Open Claims Report:<br />

Rabid Kitten Identified Too<br />

Late<br />

Dr. B was presented a nine-week-old<br />

kitten that had been attacked and<br />

injured by an unknown animal. The<br />

kitten was hospitalized for treatment.<br />

Eighteen days later, <strong>the</strong> cat presented to<br />

an associate for distemper and leukemia<br />

vaccinations. The injuries were checked<br />

and looked well. Forty-five days after<br />

<strong>the</strong> kitten’s initial attack, <strong>the</strong> kitten was<br />

re-presented for lethargy. A physical<br />

exam was normal except for pain on<br />

palpation of <strong>the</strong> hips and lumbar<br />

region. No neurologic, orthopedic, or<br />

blood work abnormalities were noted.<br />

Radiographs revealed two large fecal<br />

balls in <strong>the</strong> colon and before an enema<br />

was attempted, <strong>the</strong> kitten defecated and<br />

appeared to feel better. The kitten was<br />

hospitalized overnight.<br />

The following morning, <strong>the</strong> cat was<br />

observed doing flips and acting erratic<br />

in <strong>the</strong> cage. This behavior was attributed<br />

to <strong>the</strong> fact that <strong>the</strong> cat was an outdoor<br />

kitten and did not like <strong>the</strong> cage. After<br />

a consultation with an associate, Dr. B<br />

released <strong>the</strong> patient with a laxative gel<br />

to help prevent constipation. When <strong>the</strong><br />

owner was transporting <strong>the</strong> kitten into<br />

<strong>the</strong> car, <strong>the</strong> kitten’s behavior intensified.<br />

Before <strong>the</strong> owner returned home, <strong>the</strong><br />

kitten had attacked and bitten several<br />

people and appeared to have lost use of<br />

its hind legs.<br />

<strong>PLIT</strong> Personal Insurance Carrier Eliminates<br />

Animal Affidavit for Dogs<br />

Liberty Mutual, <strong>the</strong> insurance carrier for <strong>PLIT</strong>-sponsored personal insurance, recently<br />

discontinued <strong>the</strong> use of <strong>the</strong> animal affidavit. Dog owners who apply for or renew <strong>the</strong>ir<br />

homeowners insurance can expect a simpler process by answering a few basic questions<br />

concerning <strong>the</strong> dog’s home (both in and out of doors), training, vaccination history, and<br />

temperament. Liberty Mutual does not deny coverage based on breed and views each<br />

situation as unique. For more information or for a coverage evaluation of your homeowners<br />

or personal automobile insurance, call Liberty Mutual at 800-459-3759.<br />

The owner returned to <strong>the</strong> clinic where<br />

an exam revealed <strong>the</strong> kitten to be<br />

ataxic and aggressive. Dr. B consulted<br />

with <strong>the</strong> practice owner and <strong>the</strong> state<br />

veterinarian’s office. It was decided to<br />

euthanize <strong>the</strong> kitten for rabies testing.<br />

Between <strong>the</strong> owner, <strong>the</strong> owner’s family<br />

and friends, and <strong>the</strong> veterinary staff,<br />

a total of eight people were bitten or<br />

scratched by <strong>the</strong> cat. All were advised<br />

to seek immediate medical treatment.<br />

The rabies test returned positive and all<br />

exposed parties were notified.<br />

After a claims investigation, <strong>the</strong> <strong>PLIT</strong>sponsored<br />

insurance carrier determined<br />

that <strong>the</strong> standard of care was not met due<br />

to <strong>the</strong> kitten being discharged despite<br />

its behavior. The owner and o<strong>the</strong>r<br />

exposed parties are still being treated<br />

and have advised that a demand will be<br />

forthcoming.<br />

<strong>Health</strong> Department Rejects<br />

Tissue for Rabies Testing<br />

Dr. C was presented three puppies<br />

that had been exposed to a skunk for<br />

euthanasia and rabies testing. One<br />

pup exhibited neurological signs when<br />

presented. The brains were removed,<br />

cooled, and triple packed. During <strong>the</strong><br />

final packaging for transport, <strong>the</strong> freeze<br />

pack was omitted. The lab called <strong>the</strong><br />

following day to advise that all three<br />

brains had autolysis severe enough to<br />

prohibit rabies testing. The state health<br />

department called <strong>the</strong> dog’s owners to<br />

advise <strong>the</strong> same. In total, ten people<br />

(friends and family of <strong>the</strong> owner) had<br />

been exposed to <strong>the</strong> puppies. Dr. C<br />

consented to settle <strong>the</strong> matter and Dr.<br />

C’s insurance carrier has paid more than<br />

$2,700 to date on rabies prophylaxis.<br />

The exposed parties are still undergoing<br />

treatment.<br />

<strong>PLIT</strong> Calendar of Events<br />

American Association of Swine Veterinarians,<br />

March 8-11, San Diego, California; technical<br />

table<br />

S<strong>AVMA</strong> Symposium, March 20-22, Auburn<br />

and Tuskegee Universities, Alabama<br />

American Animal Hospital Association,<br />

March 27-30, Tampa, Florida; booth 216<br />

Central Veterinary Conference (East), April<br />

18-21, Baltimore, Maryland; booth 205


INSIDE THE <strong>PLIT</strong>:<br />

<strong>You</strong>r Business Insurance Sales Team at<br />

Hub <strong>International</strong> Midwest Limited<br />

Six insurance professionals work with practice owners and managers seeking <strong>PLIT</strong>-sponsored<br />

workers’ compensation and business insurance for <strong>the</strong>ir practices and mobile clinics. Pictured<br />

from left to right: Maranda Haluska, Annie Sanders, Will Sundwall [top], Cindy White,<br />

Michelle Page, and Iven Kiser have a combined total of 50 years of experience working with<br />

veterinarians. This sales team helps veterinarians apply for coverage over <strong>the</strong> phone and <strong>the</strong>n<br />

works with <strong>the</strong> insurance carriers to provide comprehensive and competitively priced products.<br />

One important fact to remember is that as <strong>the</strong> <strong>PLIT</strong> insurance broker, Hub <strong>International</strong><br />

functions to represent you, <strong>the</strong> buyer, as opposed to an agent who works for <strong>the</strong> insurance<br />

carrier. <strong>You</strong> can count on <strong>the</strong> <strong>PLIT</strong> and Hub <strong>International</strong> to represent your best interests and to<br />

enhance your work life through our business, professional, and personal insurance solutions.<br />

Closed Claims continued from page 4<br />

barium was unsuccessful, so Dr. Z passed<br />

a tube and <strong>the</strong> barium was delivered.<br />

The first radiograph revealed a significant<br />

amount of barium in <strong>the</strong> right caudal lung<br />

lobe. The dog remained BAR with a good<br />

CRT, pulse oximetry, and moderate cough.<br />

As <strong>the</strong> barium series continued, it was<br />

believed a foreign body was in <strong>the</strong> dog’s<br />

stomach. Dr. Z consulted with specialists<br />

regarding treatment of barium in <strong>the</strong> lungs<br />

and instituted maintenance <strong>the</strong>rapy with<br />

IV fluids. When <strong>the</strong> dog became increasingly<br />

dyspneic, Dr. Z recommended a<br />

referral. At <strong>the</strong> referral clinic, <strong>the</strong> suspicion<br />

of a foreign body was confirmed. A<br />

lobectomy of <strong>the</strong> lung was also performed.<br />

The dog faced some initial post-operative<br />

complications and <strong>the</strong>n fully recovered.<br />

The Outcome<br />

Dr. Z consented to settle <strong>the</strong> matter and<br />

Dr. Z’s insurance company paid for <strong>the</strong><br />

medical expenses related to <strong>the</strong> delivery<br />

of barium into <strong>the</strong> dog’s lungs, a total of<br />

$33,301.<br />

The sales team (along with <strong>the</strong> <strong>PLIT</strong> Trust Representatives and o<strong>the</strong>r Hub team members) also<br />

represents <strong>the</strong> <strong>PLIT</strong> at fifteen veterinary conferences each year.<br />

Self-audit Both <strong>You</strong>r <strong>AVMA</strong> and <strong>PLIT</strong> Records<br />

Ensure that your professional activity is recorded correctly by checking it<br />

annually with both <strong>the</strong> <strong>AVMA</strong> and <strong>the</strong> <strong>PLIT</strong>. The <strong>PLIT</strong> uses four class<br />

codes to determine your insurance rating: predominantly equine<br />

(70% or more), food animal, mixed practice with 70% to 89% small<br />

animal, and small animal exclusive. The <strong>AVMA</strong> Membership and Field<br />

Services Division also tracks your professional activity to study trends in<br />

<strong>the</strong> profession. Each office operates independently and maintains separate<br />

client databases. Cross-audits are performed between <strong>the</strong> <strong>AVMA</strong> and <strong>PLIT</strong><br />

databases. Please keep your insurance and membership records accurate.<br />

<strong>AVMA</strong> <strong>PLIT</strong>: www.avmplit.com or 800-228-<strong>PLIT</strong> (7548)<br />

<strong>AVMA</strong>: www.avma.org/membshp/member_records/default.asp<br />

or 800-248-2862, ext 6631


The outcome of claims reported to <strong>the</strong> <strong>PLIT</strong> office may not be known for months or even years; however, <strong>the</strong> following claims were recently resolved.<br />

‘Open’ Alpaca Aborts Fetus<br />

Dr. W was presented an alpaca for a pregnancy check. Dr.<br />

W performed a transabdominal and a rectal ultrasound,<br />

diagnosed <strong>the</strong> alpaca as open, and <strong>the</strong>n administered<br />

prostaglandin. A few days later, <strong>the</strong> alpaca aborted a<br />

fetus. The alpaca’s owner demanded compensation for<br />

<strong>the</strong> abortion. Dr. W agreed to settle <strong>the</strong><br />

matter and Dr. W’s insurance carrier<br />

reimbursed <strong>the</strong> owner for <strong>the</strong> market<br />

value of <strong>the</strong> lost alpaca.<br />

Pre-surgical Blood Count<br />

Missed by Dr. X<br />

Dr. X was presented a nine-year-old dog for<br />

a dental and mass removal. Pre-surgical blood<br />

work was performed, but Dr. X misinterpreted <strong>the</strong><br />

results. Believing <strong>the</strong> results were within normal<br />

ranges, Dr. X proceeded with <strong>the</strong> surgery. After<br />

<strong>the</strong> dog was released, <strong>the</strong> surgical site was swollen<br />

and oozing blood. The dog re-presented to Dr.<br />

X’s associate who discovered that <strong>the</strong> original<br />

blood work revealed a low platelet count. On a<br />

re-review of <strong>the</strong> test results, Dr. X confirmed<br />

<strong>the</strong> low count was missed prior to <strong>the</strong> surgery.<br />

Dr. X referred <strong>the</strong> dog to an emergency clinic<br />

for treatment. The dog later expired. The<br />

owner demanded reimbursement of <strong>the</strong><br />

emergency clinic’s expenses.<br />

The Outcome<br />

Dr. X consented to settle <strong>the</strong> matter and<br />

Dr. X’s <strong>PLIT</strong>-sponsored insurance carrier reimbursed <strong>the</strong> owner<br />

a total of $9,424 for <strong>the</strong> dog’s medical expenses.<br />

Dropped Dog Never Recovers<br />

Dr. Y’s staff member was presented a dog for grooming. When<br />

<strong>the</strong> dog was taken out of <strong>the</strong> tub, it was accidentally<br />

dropped. Radiographs revealed <strong>the</strong> dog’s left front<br />

elbow had fractured. Dr. Y referred <strong>the</strong> dog to an<br />

orthopedist for fur<strong>the</strong>r care. The dog required a<br />

total of three surgeries due to complications with<br />

<strong>the</strong> repair and was given a guarded prognosis. After<br />

nearly six months of infection and treatment related to<br />

<strong>the</strong> incident, <strong>the</strong> owner decided to euthanize <strong>the</strong> dog.<br />

The Outcome<br />

Dr. Y consented to settle <strong>the</strong> matter and Dr. Y’s<br />

insurance company paid for <strong>the</strong> medical expenses<br />

and <strong>the</strong> market value of <strong>the</strong> dog, a total of<br />

$15,994.<br />

Dog Requires Lobectomy After<br />

Intubation<br />

Dr. Z was presented a five-year-old dog for<br />

vomiting, lethargy, and poor appetite. The<br />

owners opted for a conservative treatment plan<br />

of famotidine and a bland diet. Several weeks<br />

later, <strong>the</strong> dog re-presented for continued vomiting.<br />

The owners elected to pursue a barium<br />

study. Syringe administration of <strong>the</strong><br />

Closed Claims continued on page 3<br />

P.O. Box 1629<br />

Chicago, IL 60690-1629<br />

Phone 800-228-<strong>PLIT</strong> (7548)<br />

Fax 888-<strong>PLIT</strong>-FAX (754-8329)<br />

Fax-on-Demand 888-740-<strong>PLIT</strong><br />

Email info@avmaplit.com<br />

www.avmaplit.com<br />

Trust Broker and Consultant since 1962:<br />

Hub <strong>International</strong> Midwest Limited<br />

Hub <strong>International</strong> Midwest Insurance Agency (CA)<br />

This newsletter contains only a general<br />

description of coverages and does not include<br />

all <strong>the</strong> benefits and limitations found in <strong>the</strong><br />

policies. Coverages may vary. All references to<br />

coverage are subject to <strong>the</strong> policy’s conditions<br />

and exclusions. The insurance policy and not<br />

this newsletter will form <strong>the</strong> contract between<br />

<strong>the</strong> insured and <strong>the</strong> insurance company.<br />

• Business Property/Liability<br />

• Flood<br />

• Umbrella Liability<br />

• Workers’ Compensation<br />

• Commercial Automobile<br />

Special Coverage for Mobile Practices<br />

• Employment Practices<br />

Liability<br />

• Professional Liability<br />

• Professional Excess<br />

Additional Professional Liability<br />

Coverage<br />

Tailored Insurance Programs Directed<br />

by Veterinarians for Veterinarians<br />

• Professional Extension<br />

Animal Bailee<br />

• Veterinary License Defense<br />

• Student Liability<br />

• Directors and Officers<br />

Liability<br />

Protection for Board Members<br />

• Personal Lines<br />

Auto, Homeowners, and Renters<br />

• Safety and Loss Control<br />

Resources<br />

Call 800-228-7548 today for your free quotation.

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