Brief Summary

The member examined a small-breed puppy for vaccinations and concerns with the puppy’s hind limb gait. After examination and x-rays, the member diagnosed the puppy with hip dysplasia, two fractured hips and a heart murmur. He advised the client corrective surgery would cost thousands of dollars. Options provided included euthanasia, surrendering the puppy to the local humane society, or strict cage rest for three months. The client reluctantly surrendered the puppy to the humane society.

At the humane society, the puppy was ambulatory with no obvious gait abnormality. Palpation of the hips yielded no significant abnormal findings. In reviewing the x-rays, the veterinarians at the humane society found no evidence of hip dysplasia and no visible fractures, although the x-rays were not properly positioned for a thorough hip evaluation. Follow-up x-rays under sedation showed no evidence of hip dysplasia or fracture. Palpation of the hips and stifles was unremarkable. Further orthopedic consultation also indicated nothing abnormal for the puppy’s age.

Because it appeared the puppy had been surrendered due to misdiagnosis, they advised the previous owner of their assessment and offered to return the puppy. The puppy was reunited with his previous owner.

Admissions of Professional Misconduct

• misdiagnosed the puppy with hip dysplasia and bone fractures
• failed to sedate the puppy or place the puppy under general anesthesia for the x-rays
• when asked about another veterinarian’s interpretation that the x-rays were normal, he insisted another radiologist review the radiographs
• failed to properly record his discussions with the client
• revised his records without recording when or why he did so
• failed to maintain the standards of practice of the profession
• failed to make or retain the records required by the Regulation
• signed or issued a veterinary certificate, report or similar document that contains a statement that the member knew or ought to have known was false, misleading or otherwise improper
• provided false or misleading information to the College
• an act or omission relevant to the practice of veterinary medicine, that having regard to the circumstances, would be regarded by members as disgraceful, dishonourable, or unprofessional
• conduct unbecoming a veterinarian

Decision

The member acknowledged responsibility for the allegations of professional misconduct. The Panel accepted the member’s plea.

Penalty

• Reprimand
• Two-month suspension
• Completion of remediation which includes an evaluation of the member’s baseline knowledge regarding the issues of the case, the PROBE ethics course, a medical record-keeping course, a one-day mentorship focused on ethical conduct, an essay summarizing learnings from the mentorship, a follow-up evaluation, and a medical records review.
• The member must pay costs to the College of $5,000.

Panel's Reasoning

The Panel accepted the joint submission on penalty and costs. The Panel was satisfied the proposed penalty was reasonable and appropriate, however, the Panel found the member’s conduct was quite serious. 

The member indicated a desire to take responsibility for his misconduct and demonstrated a willingness to cooperate and learn from his mistakes. The Panel was concerned the member has a history of prior complaints with the College involving record keeping and communications issues. The panel anticipates the penalty will send a clear message to the member, and to all licensed members, for increased self-reflection and responsibility to advance the protection of the public.

The Panel was concerned the misdiagnosis, and the quality of the description and detail in the member’s medical record indicates a lack of basic knowledge about radiographic interpretation, forming differential diagnoses, and case management. The Panel felt the member needs a significant amount of retraining, continuing education, and self-reflection. The Panel is satisfied the remedial terms will enable the member to improve in these areas once he returns to practice. The penalty, in addition to the costs, reflects and communicates the seriousness of the member’s misconduct. The Panel is satisfied the penalty will ensure public confidence in the profession is maintained and the public is protected.

Decision

Since 2024, decisions have been posted on the CanLII website, the Canadian Legal Information Institute. A complete copy of this decision is available on CanLII.