Can the VDS Help Answer Any of the Above?

The answer is of course yes! VDS has two roles in the equine pre- purchase examination (PPE):
• Education which minimises our risk
• Handling both negligence claims and RCVS complaints involving PPEs.

The sale or purchase of a horse or pony can appear to be a simple business transaction and is, in the eyes of many prospective purchasers (and sellers). In many situations there are not only considerable sums of money involved, but also the purchase can be surrounded by high emotion. In many situations the purchaser may have unrealistic expectations. It is important that we, as veterinary surgeons carrying out PPEs, do not promise too much of them. For certain if, for whatever reason, disappointment follows, or something goes wrong, the modern consumer society dictates that someone must be to blame.

Inevitably, in the vast majority of situations, the ‘someone to blame’ and from whom to seek compensation is, of course, the veterinary surgeon. This is despite the fact he or she has only had one opportunity to examine the horse before giving an opinion. So often the seller, who probably knew the horse well (and occasionally may even have been implicated in ‘masking’ any problems) proves to be beyond the law because the purchaser has sent his expert (i.e. you) to examine the goods on his or her behalf. There is no other transaction where it is easier for the seller to offload all responsibility for defective goods!

All veterinary surgeons who perform PPEs are at risk of a claim being brought against them. Reputation and experience do not provide immunity and it has often been said that if you have never been sued over a PPE then you can’t have done very many. Against the above background, and considering the vast numbers of horses which change hands each year, it is a tribute to our profession that claims are not more frequent. This is in no small part due to the excellent design of the approved PPE certificate supported by BEVA, RCVS, VCI and Veterinary Ireland.

As with many aspects of veterinary practice, communication is key. It is important to recognise that the booking in procedures for a PPE are very important as they provide an opportunity to discuss the procedure with the prospective purchaser as well as finding out any concerns they have. It can also be helpful if a copy of the blank certificate and guidance notes are emailed out in advance to the prospective purchaser. This allows them to get a better idea of what is and is not part of the PPE. It also points out what is the seller’s responsibility and unable to be verified by the veterinary surgeon performing the PPE. There have been several claims made to VDS intimating procedures such as pregnancy diagnosis and height measurement should form part of a routine PPE.

The most common cause of complaint following PPEs involves the allegation that a readily detectable feature was not detected or reported, the most important being the sarcoid and melanoma. Cutaneous tumours, scars and swellings will commonly be discovered by a new owner or a ‘friend on the yard’ and photographic evidence will be produced instantly. Farriers, dental technicians, and physical therapists may all be asked

to examine the newly purchased horse and many will delight in pointing out abnormalities that were not discussed prior to purchase. Often these abnormalities will be of little or no clinical significance; however, if, for whatever reason, the purchaser has become disenchanted with his purchase, the newly discovered abnormalities tend to assume massive significance in their mind.

Approximately one quarter of PPE claims arise because lameness is noted by the purchaser (or their veterinary surgeon) soon after taking possession of the horse. Not infrequently it is alleged the horse must have been lame at the time of the examination! Problems relating to the feet are a common and recurring theme. It is of course well recognised that horses will often demonstrate lameness following a change in management, whether that involves an increased or, on occasions, a decreased work load. Changes in feeding, and general management may also impact on clinical lameness and cause a condition that was subclinical prior to purchase to become overtly clinical when at its new home. The disappointed purchaser will often claim that the horse must have been lame at the PPE and not detected by the examining veterinary surgeon. Often our ability to defend such claims is dependent upon the veterinary surgeon involved being able to demonstrate that a thorough and detailed examination of the horse’s musculoskeletal system and gait was completed. This is much easier to do when the examination has followed a standard protocol and the results of the examination have been clearly documented.

VDS experience suggests that claims we are unable to defend successfully usually arise from two basic causes:
• Failure to perform a diligent enough examination
• A breakdown in communication.

The risk of the former can be reduced through a diligent approach combined with good clinical acumen. The risk of a breakdown in communication can also be reduced through the application of a careful and systematic approach founded on a clear understanding of one’s role. It is important to realise that the sale of the horse which includes a PPE by a veterinary surgeon is a complex chain of events. It starts with the initial request for the examination, ascertaining the purchaser’s requirements, making arrangements for the examination, carrying out the examination, communicating the findings and giving advice to the purchaser. It may be helpful to remember that we are being employed by the prospective purchaser to protect their interests. Our primary responsibility and duty is owed to the purchaser. The only duty we owe to the seller is a responsibility to conduct our examination in a reasonable manner so as not to damage the horse or injure the handler.

In the final analysis you are certifying that the horse has been examined, that you have recorded your findings and reported them fully. You are assisting your client to decide whether or not to purchase the horse. You are not, and cannot be, expected to give any guarantee of the animal’s future usefulness or athletic/ competitive success.

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