Veterinary Examination and Treatment of Abused Animals

Because abusers and cruelty perpetrators do not typically seek medical care for their animals, veterinarians are not likely to treat abused animals on a regular basis. However, it does occur, so it is important for veterinarians to recognize the signs of potential abuse. Veterinarians may also encounter evidence of neglect. It may be that, as previously mentioned, the owner has good intentions, and is either overwhelmed or cannot afford veterinary care, but will bring the animal to the veterinarian in a critical situation. In one instance, a man brought dead kittens to his veterinarian on more than one occasion, and he smelled of urine. The veterinarian did not call anyone for assistance or report the situation for fear of angering the client. A veterinary assistant, however, called the attorney general’s animal law unit because she suspected that something was wrong. Animal control was asked to investigate and discovered that the man had unaltered cats that had bred to the point that the dead kittens were the result of inbreeding. He lacked adequate resources, and the situation had become overwhelming for him. Animal control ultimately provided assistance with altering the cats rather than seizing the animals.

Some animal fighters will seek veterinary care, often for their most prized fighting animals. They may claim that the animal was in an unintentional fight. There have been instances in which, unfortunately, the veterinarian turns a blind eye to the signs, opting for the profit from treating the animals. Some have actually formed unwritten partnerships with the fighters, and care for the animals’ fighting injuries on an ongoing basis. One veterinarian was found freezing the semen of a fighting dog bloodline for future use in the breeding of fighting dogs. In most states, it is a crime to aid or abet animal fighting. Veterinarians are often asked to assist law enforcement in the investigation of suspected animal abuse and fighting. In a fighting seizure, the condition of the animals at the time of seizure is critical, and only a veterinarian can opine on that topic. Typically, the veterinarian will travel to the scene and physically examine and photograph each animal, taking detailed notes of anything that could be helpful in prosecuting the case.

Because of the known link between animal abuse and domestic violence, a veterinarian may see evidence of harm to an abused animal’s owner. Though it seems far-fetched, abused people will sometimes volunteer information about abuse—human or animal—in unusual circumstances. In some instances, the person has very few opportunities to talk to someone outside the presence of the abuser. In this type of situation, it could be argued that informing authorities is not only the appropriate thing to do but is a veterinarian’s responsibility. The Veterinarian’s Oath contains an obligation to not only promote animal health, but to promote public and human health. In many states, veterinarians are legally required to report animal abuse.⁹⁰ These laws usually protectnot only against civil liability but also criminal prosecution for good faith reporting. Some states require the veterinarian to have direct knowledge of abuse, while others only require a reasonable suspicion. When any type of abuse is suspected, it is imperative that the veterinarian document all observations and statements in order to assist with any future prosecution.

Veterinarians are often asked to produce records in pending civil and criminal proceedings. Unlike humans, animals are not protected under the Health Insurance Portability and Accountability Act (HIPAA), or doctor/patient privilege because they are considered personal property. However, most state laws prohibit the release of records to anyone except the client, unless the vet is issued a subpoena or court order (which includes search warrants). Veterinarians often have no notice before receipt of a subpoena or search warrant and are given a very short timeframe in which to respond. Therefore, it is very important to be familiar with the relevant state laws regarding record production.

Courtroom Testimony

As briefly mentioned, veterinarians are almost always called to testify as expert witnesses in neglect, abuse, and fighting cases. This is usually the veterinarian who treated the animal, if there was one. If not, an independent veterinarian will be selected and educated on the facts of the case. An expert is typically more educated, experienced, and knowledgeable on the pertinent issues than the judge and the jury. An expert witness is required to testify to a reasonable degree of certainty with respect to opinions rendered. An expert witness is also the only person in court who is expected to offer opinions in addition to testifying to the facts. Because of this, the veterinarian’s opinions have the potential to win or lose a case.

At the start of testimony, the expert is asked a series of questions about their education, experience, and qualifications, before the court is asked to certify the person as an expert. In a criminal case, the prosecuting attorney will then elicit information supporting the presence of neglect, abuse, or fighting evidence. The veterinarian will also be asked to testify to the severity and age of the animal’s injuries, as well as the extent to which the animal suffered or was in pain. At the close of the prosecutor’s questioning, the defendant’s attorney has the opportunity to cross-examine the witness and will attempt to point out flaws in the expert’s conclusions. The defendant may also call an expert witness to challenge the evidence. The veterinarian’s role is to explain medical evidence in terms that are understandable to the lay person. Typically, the expert’s goal is to establish why injuries were medically impossible, or unlikely to have been caused in the manner claimed by the defendant. For instance, in a cat torture case, the perpetrator claimed that the cat fell down a set of stairs. However, the veterinarian’s necropsy showed massive neck trauma. The veterinarian, having examined and treated hundreds of cats with neck injuries, was able to explain that neck trauma does not typically result from a fall, and that the cat had likely been hung or strangled. The expert veterinarian does not have to rule out every possible explanation but must establish the cause of injury that is most likely, and why that is the case. In the same case, the owner returned a cat to the shelter it came from, in poor health. It was suffering from a respiratory condition, was very lethargic, and had superglue on its teeth. When questioned, the owner said the cat had chewed on a superglue tube. The expert veterinarian was able to opine that, based on cat’s symptoms, the super glue was more likely to have been intentionally applied—possibly in an effort to poison the kitten. A third kitten from the same residence died and the owner had disposed of it, making necropsy impossible. Three cats died in this abuser’s care. A veterinarian is the only witness who can testify to why the defendant’s explanation is unreasonable, or even impossible.

The courtroom, jury, judge, and attorneys can be intimidating. A good lawyer thoroughly prepares their witnesses, and a good expert ensures that the attorney knows both the favorable and the unfavorable evidence to avoid surprises and opportunities to be discredited at trial. A well-prepared expert with the proper education and experience is unlikely to be swayed or unnerved on the witness stand by an attorney who has learned the medical information in a highly condensed time frame. A veterinarian who treated the animal will likely be summoned to court, which means attendance is not optional.