Vetnews | Februarie 2025 36 « BACK TO CONTENTS In the legal world, it is often necessary to judge someone’s conduct. The yardstick that was created for this purpose is the concept of the “reasonable person”. In the case of veterinary professional conduct, it is the “reasonable veterinarian”. This is a standard against which the professional actions of veterinarians are measured. But what does this legal yardstick mean, and how does it shape your professional liability as a veterinarian? What or Who are the “Reasonable Person” and “Reasonable Veterinarian? The reasonable person is a hypothetical construct in law, representing the standard of behaviour expected of people in similar circumstances. This person is a fictional person who is neither a superhero nor a fool—just an average, prudent individual acting sensibly. In the case of a veterinary professional, the bar is set as the “reasonable veterinarian,” who is expected to meet the expertise and judgment standards of her or his peers. It is not the perfect veterinarian or exceptionally brilliant or cautious veterinarian, but the average, diligent veterinarian. The Reasonable Veterinarian in Action Consider this scenario: A horse owner consults you for a routine vaccination, but the animal later develops an adverse reaction, leading to its death. The owner sues, alleging negligence. The court will not compare your actions to those of an ordinary reasonable person but rather to what a reasonable veterinarian in South Africa would have done in similar circumstances. A few key questions that must be considered: • Did you adhere to established protocols? • Were your actions consistent with accepted veterinary practices? • Did you adequately inform the client of potential risks? If your conduct aligns with what a reasonably competent veterinarian would do, you’re likely on solid legal ground. Our Courts Views of the Reasonable Professional South African courts have shed light on how this principle applies in practice. In Mitchell v Dixon1, the court emphasized that professionals are not expected to achieve perfection but must exercise reasonable skill and care. A veterinarian who misdiagnoses a condition may not necessarily be liable unless it’s proven that his or her actions fell short of what a reasonable veterinarian would have done. Legal Mews Professional Liability Demystified: The Reasonable Veterinarian in South African Law 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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