Many veterinary practices are embracing the future with veterinary telemedicine or telehealth appointments. This innovative approach allows pet owners to schedule a video call with their pet’s veterinarian, discuss their pet’s symptoms, and create a treatment plan, all from the comfort of their home.
It’s a convenient way for pet owners to connect with a veterinarian, and it’s a step towards a more accessible and efficient veterinary care system. However, as a veterinary practice owner, it’s crucial to understand the legal considerations of offering telehealth veterinary appointments, including the potential for malpractice lawsuits.
What Is Veterinary Telehealth?
Veterinary telehealth, also called telemedicine, allows veterinarians to provide animal care through technology, including video calls, phone calls, texts, emails, photos, and videos. The pet doesn’t need to come into a veterinarian’s office to be seen physically. Instead, the owner can schedule a video or phone call with a veterinarian. Based on the telehealth appointment, a veterinarian may recommend bringing the pet in for a physical examination or may prescribe medication for the pet based on its symptoms.
Several states have enacted laws allowing veterinary telehealth appointments. Arizona recently passed Senate Bill 1053 into law, allowing veterinarians licensed in the state to provide telemedicine veterinary appointments. Veterinary telehealth appointments increase the ability of busy pet owners, potentially freeing up appointments for those whose pets need to see a veterinarian in person.
Legal Concerns When Using Veterinary Telehealth
The legal issues surrounding veterinary telemedicine are complex and require careful consideration. Remote veterinary care is inherently different from a veterinarian examining a pet in person. The two main legal issues veterinarians offering telehealth services face are malpractice liability and licensing issues. It’s important to be aware of these potential risks and take steps to mitigate them.
Nearly all states in the U.S. require veterinarians to be licensed in the state where they practice. Issues can arise when a veterinarian treats a pet living in a state where they aren’t licensed. Other issues could involve a veterinarian contacting an out-of-state specialist. If a bad outcome occurs, which veterinarian can be held liable? As long as a veterinarian-client-patient relationship (VCPR) has been established, the pet’s owner may be able to hold the tele-veterinarian specialist liable for medical malpractice.
Malpractice Claims Involving Telehealth Services
Does a 15- or 30-minute online consultation establish a VCPR? Ultimately, veterinary boards, government regulators, and courts will need to answer this question. Under current veterinary malpractice laws, the lack of a VCPR due to an in-person relationship could be evidence that a veterinarian has fallen below the minimum standard of care.
Veterinarians offering telehealth appointments should be careful when developing a pet treatment plan. Suppose the veterinarian speaks to the pet owner and remains unsure of the pet’s diagnosis. In that case, they should recommend an in-person appointment to further evaluate the pet instead of prescribing medication. Veterinary practices offering telemedicine appointments should carry robust medical malpractice insurance. It is also important to speak to an attorney to develop best practices to decrease the risk of malpractice lawsuits.
Contact an Attorney for Veterinary Practices
Whether you’re considering adding telehealth appointments to your veterinary practice or already offering them, Mahan Law is here to provide the legal support you need. We will review your veterinary telemedicine policies and help you develop a strategy to reduce the likelihood of malpractice lawsuits and protect your personal and business interests. Our goal is to give you the confidence to navigate the legal aspects of telehealth, so don’t hesitate to contact us to schedule a complimentary, no-obligation case evaluation.
We provide experienced legal consulting services for veterinary practices throughout the United States, including the states of Ohio, Florida, Kentucky, and Indiana.