Animal Cruelty Investigations. Группа авторов

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      In the event medical records from another agency or veterinary practice are needed, use a standard format for requesting records, and include these records in their original format with the final report, preferably as an attachment. Individual states have laws pertaining to veterinary record confidentiality. Record requests may be made without client permission, depending upon the state [4]. The licensing board in each state or country is a good resource for current laws or rules regarding records requests.

6.5 Public Information Considerations

      Animal cruelty investigations are of high interest to the public and the media. Veterinarians serving on a case must avoid talking with the media, until the case is adjudicated. If sharing information with the public is necessary, use a secondary resource, such as someone from the public relations department or from practice management to talk with the media. These individuals must have basic media communications skills and understand the boundaries regarding what can be discussed when an investigation and case is ongoing. Law enforcement and prosecutors are an excellent resource if you are not sure what the boundaries are in terms of discussing a case and need help determining who should talk to the media and what, if any, information may be released. In some cases, talking with the media about the status of a case or alerting the public about needing leads and a reward may be helpful. Know how and when to provide this information to the media ahead of time so a mistake is not made under pressure and in the middle of an active news story. See Chapter 14 for additional information about media relations.

The veterinarian may provide information for release that is approved by the law enforcement representative for the case such as breed, age, medical findings, or details about how the animal was found. This information may be used for the reward via a public information officer or other party (Box 6.2). By checking with law enforcement before providing information, the risk of jeopardizing the case by releasing confidential or investigatory information is eliminated.

      In most cases, it is impossible for a veterinarian to remain completely anonymous when reporting or assisting with an investigation. While these situations may be emotionally charged and challenging, advocacy for the animal(s) involved, consideration of other aspects of human involvement such as child welfare or elder abuse, and the veterinarian's obligation to confront the findings fairly and accurately based on their knowledge are required.

Box 6.2 Case Example

      Case example:

      News release to media:

      $2000.00 reward offered for information leading to arrest of persons responsible for an animal abandoned in Washington Park Forest. A two‐year‐old terrier cross was found abandoned in a crate in a public area on Saturday. If you have information about this case, please contact Sheriff Jones at 503‐555‐1122.

The forensic examination of evidence provides the essential insight with which law enforcement and the criminal justice system will act but is not the decider of the suspect's guilt or innocence. Inform colleagues and clients about the veterinarian's obligation to recognize, report, and assist with the fight against animal cruelty, and that the veterinarian is not judge and jury in these cases, but rather called upon for expertise. Generally, the public expects veterinarians to be animal advocates and sees veterinarians as reputable and trustworthy. Failure to act casts a shadow on the reputation of a clinician, while acting on behalf of an animal is the expectation of the public. Do not allow fears about client confidentiality or retaliation prevent you as a veterinarian from acting, when necessary, in an animal cruelty case. Consult with law enforcement or the prosecutor if you have specific concerns regarding anonymity, safety, or public information.

6.6 Conflicts of Interest

      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 СКАЧАТЬ