Vetnews | September 2024 38 « BACK TO CONTENTS In the veterinary world, zoonotic diseases present not only significant health challenges but also legal risks. World Rabies Day, observed on 28 September each year, serves as a stark reminder of the dangers posed by these diseases. Few diseases embody the definition of zoonotic transmission as vividly as rabies, a disease that can have devastating consequences for both animal and human health. As veterinarians, understanding the legal implications of zoonotic disease transmission is crucial for protecting your practice from potential liability and litigation. The Legal Landscape Veterinarians are governed by statutory and common law. The Veterinary and Para-Veterinary Professions Act, No. 19 of 1982 (“the Veterinary Act”) sets out veterinarians’ duties and responsibilities. The Animal Diseases Act, No. 35 of 1984 (“the Animal Diseases Act”) provides a legal framework for the control of certain specified animal diseases, including zoonoses. Under this legal framework, all veterinarians are obligated to exercise a standard of care that a reasonably competent and skilled veterinarian would provide under similar circumstances. Failure to meet this standard could result in legal liability, particularly in cases where negligence leads to the transmission of zoonotic diseases to humans or even other animals. Veterinarians also have a reporting duty under the Animal Diseases Act and must adhere to the specified control measures for controlled diseases. Failure to adhere to these requirements could potentially lead to criminal liability. Understanding Negligence in Veterinary Practice Negligence is a key concept in determining liability. For a veterinarian to be found negligent, the following must be shown: 1. The existence of a duty of care. Veterinarians always owe their clients and patients a duty of care. 2. There must be a breach of the duty of care. A veterinarian can breach the duty of care by failing to act in accordance with the standard of care expected of a veterinarian in a similar position. 3. Causation. The breach of the duty must directly cause the transmission of the zoonotic disease. 4. There must be some form of damage. The client or a third party suffered harm because of the transmission of the zoonotic disease. In the context of zoonotic diseases, negligence could arise from a failure to properly diagnose a patient with a zoonotic disease, inadequate communication of the risk and mode of transmission to the client as well as the risks of the disease, or insufficient implementation of biosecurity measures in the practice. For instance, if a veterinarian fails to identify and treat a zoonotic disease in a patient, and that animal subsequently transmits the disease to a human, the veterinarian could potentially be held liable for any resulting harm. Legal Mews HOW ZOONOTIC DISEASES COULD EXPOSE YOUR VETERINARY PRACTICE TO LIABILITY AND LITIGATION Trudie Prinsloo (Legalvet Services) This article is intended to provide information and educate veterinarians on relevant aspects of the law. It is not intended as personal legal advice. SAVA is not responsible or liable for any advice or other information provided herein.
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