Wrong diagnosis? Malpractice agad?
Dr. Geoff Carullo, DVM, FPCCP, DPCVSCA
- Articles
- 2 min read
The first veterinarian diagnosed one disease. The second veterinarian diagnosed something else.
Now the pet owner wants to file a malpractice case against the first vet.
But wait. Since when did a wrong diagnosis automatically become malpractice?
Veterinarians are doctors, not fortune tellers.
Many diseases look alike. Symptoms overlap. Some illnesses take days to reveal themselves. Even laboratory tests have limitations.
And sometimes, the second veterinarian gets the correct diagnosis because the disease has already progressed or additional tests have been performed.
So when does misdiagnosis become malpractice?
When there is evidence of negligence, such as ignoring obvious warning signs, failing to exercise reasonable professional care, or making careless decisions that cause harm.
But simply arriving at a different diagnosis?
That alone is NOT proof of malpractice.
Even the Philippine Supreme Court has recognized, in a medical malpractice case, that an incorrect diagnosis does not automatically mean negligence.
Pet owners have the right to complain. But veterinarians also deserve to be judged fairly.
Because if every wrong diagnosis were malpractice, every doctor would eventually become a defendant.
Veterinary medicine demands competence, not perfection.
And there is a BIG difference between a veterinarian who made an honest clinical judgment and one who was genuinely negligent.
1. Republic Act No. 9268, Section 22(c)
Philippine Veterinary Medicine Act of 2004
The law identifies gross incompetence, gross negligence, gross ignorance, and acts of malpractice resulting in an animal’s disability, disfigurement, or death as grounds for professional disciplinary action.
Source: Supreme Court E-Library, RA 9268
2. Casumpang v. Cortejo
G.R. Nos. 171127, 171217, and 171228, March 11, 2015
The Philippine Supreme Court explicitly ruled:
“A wrong diagnosis is not by itself medical malpractice.”
The Court explained that a diagnostic error may constitute evidence of malpractice when it results from negligence, such as ignoringo symptoms, overlooking medical history, or failing to order appropriate tests.
Source: Supreme Court Decision, Casumpang v. Cortejo
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Dr. Geoff Carullo is a Fellow and the current President of the Philippine College of Canine Practitioners.
