V. Quartarone

Medico-legal aspects of congenital heart diseases in buying and selling of pets

Aim: The veterinarian should be able to assess congenital and inherited malformations such as heart defects because they may be object of legal disputes. In this study, the authors report some cases of congenital heart defects in pets (dogs and cats) to clarify whether or not they may be considered a redhibitory defect. Materials and Methods: A total of 28 medical records of pets referred with suspected congenital heart disease were examined. All patients aged between 3 and 24 months underwent clinical examination, chest X-ray examination, electrocardiogram, and echocardiography and angiocardiography when necessary. Results: Congenital heart diseases or associated cardiac malformations were confirmed. Considering the above congenital diseases as redhibitory defect and the rights of the owners from a strictly legal viewpoint, 9 owners demanded an estimatory action and 11 a redhibitory action; 1 owner decided to demand the reimbursement of veterinary expenses because the animal died; 7 owners took no legal action but requested surgical intervention. Conclusions: Until more appropriate and detailed legislation on the buying and selling of pet animals is put in place; the authors propose to include in the contract a temporal extension of the guarantee relating to congenital heart disease, which can often become evident later.

Pain Management in Companion Animals: Medical–Legal Aspects

Preventing and managing pain has become a fundamental part of quality and compassionate patient care in veterinary medicine. In fact, animal pain and suffering are clinically important conditions that adversely affect an animal’s quality of life. Methods to prevent and control pain must be tailored to the individual animal. As advocates for their patients, the veterinary team has the responsibility to recognize, assess, prevent, and treat pain. Considering that many dogs and cats still receive little or not analgesia following surgery, trauma, or disease, we suggest the development of guidelines on pain management to assist the veterinarian in optimizing comfort care.

The Importance of the New Institution of “Mediation” for the Civil Liability of Veterinarians

Veterinarians, by the nature of their occupation, deal with animals on a daily basis and in a variety of contexts. The core of their activities involves the provision of professional services, which are usually performed to the satisfaction of both the animal and the owner. Not all of the interactions have the desired outcome, however, and veterinarians who have been defendants in lawsuits find themselves confronted with a wide variety of legal claims. Lawsuits that involve the assessment of medical liability generally take a long time, and in recent years, the number of court actions against veterinarians has increased. In view of this fact, we examine legislative decree no. 28/2010, which also concerns civil proceedings on liability in human medicine. We forecast that the new institution of “mediation” could become an important instrument in hastening the resolution of court actions concerning medical liability.