Animal Cruelty Investigations. Группа авторов

      A conflict of interest may occur when there is a competing professional or personal interest making it difficult for an individual to follow through with their duties in an impartial manner. A conflict of interest becomes an issue if the appearance or evidence of bias arises and can be used to discredit a veterinarian in court. The most common scenario in which concern about a potential conflict of interest may surface is with the veterinarian–client or veterinarian–employee relationship.

      In community practice, veterinarians are paid by clients to diagnose and treat their animals. In the event a veterinarian suspects a client of potential animal neglect or abuse, the doctor may question themselves as to whether objective and impartial opinions regarding the situation are possible. An individual's loyalty is to the truth and the law first. The oath sworn upon graduation to protect animal health and welfare also lights the path forward in circumstances that may seem unclear. Remember that in many states and countries reporting animal cruelty is required and affords financial and legal protection for the doctor involved. Many times, the veterinarian is the sole advocate for the animal that has suffered maltreatment and, much like the teacher or the doctor, in the case of children, is the professional with the knowledge and obligation to detect and report abuse. Act on your concerns and move forward with reporting and investigating appropriate suspicions whenever necessary. When the investigation is completed, if bias is a concern other veterinarians may be asked to review evidence in the case to ensure elimination of this concern. Avoid being offended by this situation, but rather view this as the appropriate safety net and second opinion that will lead to a fair and legal outcome in each case. This obligation goes both ways: you could be called upon to be the reviewer in some cases as well.

Situations in which a veterinarian must consider recusing themselves from involvement may include those in which the doctor has an ownership interest in the animal(s) being investigated or is the subject of the investigation. Employee–employer relationships may also have an impact on an investigation. If the employment relationship makes it difficult to ensure impartiality and thorough analysis of the situation, the veterinarian should not be involved in this type of case. This may occur when an employee of a veterinarian is a suspect or somehow involved in a cruelty investigation. Details with consideration for privacy requirements about these relationships, such as the employee's status (hired, fired, in good standing, and so on), must be provided to the investigator, who is often a good resource in identifying potential conflicts of interest.

      A suspect in an animal cruelty case may very well be a current or past client of the veterinarian assisting in an investigation or reporting potential cruelty. Again, provide details about these relationships to the investigator. Client information about services provided and financial transactions are all relevant. This includes work previously completed and paid for or failure to pay for services. Any other issues that have arisen with the professional relationship must be fully disclosed. Previous records of providing services or a client's failure to pay do not necessarily conclude that a veterinarian cannot provide an expert opinion without bias. Exchange of money for veterinary services and failure to pay are all considered to be part of the routine business of veterinary medicine, and a credible veterinarian would be expected to hold financial dealings separate from their opinions on the animal's health and welfare. Always disclose this information to investigators to ensure full transparency.

      The possibility of a conflict of interest is considered on a case‐by‐case basis and may occur even when nothing improper, illegal, or unethical has occurred. Assuming the veterinarian can maintain objectivity and fairness, the next question is will others believe the veterinarian's opinions to be true? Unless a clear conflict is uncovered by an investigator, the answer to this question is yes. Transparency to the investigating agency is crucial in all cases. Be certain to explain relationships, prior or current business dealings, or any other information that may be relevant to the investigation.

6.7 Be Familiar with the Laws

      Law enforcement and prosecutors depend on veterinary expertise when determining if there has been a violation of law. Familiarize yourself with the laws in your state so you are aware which are relevant, and what specific requirements reside within each law. An officer may be investigating a “skinny horse” due to neighborhood complaints that she appears to be malnourished, only to find out from an involved veterinarian that the horse is geriatric and under care for a chronic condition resulting in adequate care but diminished condition. A police officer may not know the appropriate body appearance of dairy versus beef breeds of cattle and so on. A veterinarian answers these questions based on an understanding of the laws’ requirements for care.

      State statutes differ in the language used to describe animals, standards of care, abuse and neglect, and how specific categories, such as livestock or exotic animals, are defined. The knowledge and experience of the veterinarian guides law enforcement in determining whether a violation of a statute has occurred.

6.8 How to Find and Build Knowledge in the Area of Animal Law

Technology provides easy access to relevant governmental laws and regulations that every veterinarian must know. Staying current only requires time and access to technology or a printout of the latest information. The laws of your state or country that are relevant to animals are published on a regular basis and are worthy of a detailed study. Consider reviewing these annually and keeping a tabbed paper copy handy as a reference when you are working on a case and writing reports. Reach out to other experts in your area to learn more about the laws and how they are applied to animal cases. These experts include prosecutors, defense attorneys, animal control officers, veterinarians, and law enforcement professionals. Sources for finding the latest accurate information include state practice acts and veterinary medical associations. Federal laws can be found on American Veterinary Medical Association or government websites. The Animal Legal Defense Fund (ALDF) maintains an organized database of current animal protection laws [5].

6.9 Understand What the Prosecutor and Law Enforcement Need to Know

       6.9.1 Animal Neglect

Neglect laws specifically call out the basics of animal care, including food, shelter, water, and access to veterinary care, and are species specific in some areas (Figure 6.3). The veterinarian evaluates the evidence, including animals in some cases, and assists in determining whether or not failure to meet the legal standards for care has resulted in neglect. For example, 40 cats living in a hoarding situation may have access to plentiful food and water but are so severely flea‐infested they are dying of anemia (blood loss). In this case the animal owner met the standard of care for food and water, however, did not meet the standard for sanitation or veterinary care, and as an outcome of this failure the cats suffered or died.

       6.9.2 Animal Abuse

Laws may include language that describes an individual's mental state, such as “intentionally,” “recklessly,” or “knowingly” with regard to causing harm to an animal (Figure 6.4). The veterinarian's examination of evidence and knowledge can help the investigator determine whether the injury to the animal was intentional or accidental. Veterinarians understand the force required to break a dog's femur, for example, and can provide an opinion as to how the injury occurred. Degree of injury and the animal's ability to recover are also part of the veterinarian's assessment. In a case of aggravated animal abuse, the charge may stand if the animal is killed or permanently injured but be a lesser charge if the animal can fully recover from the incident.

Figure 6.3 Evaluating overall animal husbandry and access to veterinary care is a key responsibility of the veterinarian in