a limiting step in addressing animal cruelty investigations. When veterinary resources are not available, communities suffer significant risk of negative consequences to people and animals. Veterinarians in every type of practice have relevant knowledge and talent needed in this field. By engaging in forensics and developing an understanding of how to contribute they become an asset to the process.
Remember, while the veterinarian is vital to the fight against animal cruelty, they are not alone in protecting the welfare of animals. Every state has criminal laws that require a minimum standard of care and law enforcement, and prosecutors are charged with upholding and enforcing these laws. Therefore, interdisciplinary cooperation between the veterinarian, law enforcement, and prosecutor is crucial.
Combining veterinary expertise with a review of the applicable laws in cruelty case investigations often reveals the cause and effect of human actions or lack of actions toward animals. When an animal is found to be unhealthy or to have died of a disease or injury, the veterinarian's findings and the legal requirements for care provide guidance as to whether the circumstances that contributed to the animal's illness, injury, or demise meet the standard for criminal prosecution. For example, in the case of an emaciated dog suffering from cancer and receiving appropriate medical care, there is no maltreatment under the law, while in the case of an emaciated dog chained to a tree in the backyard, forgotten and without provision for adequate nutrition, there is maltreatment, and the action is criminal by violation of the law's requirement to provide minimum care. The veterinarian's role in solving the case is to examine the evidence and determine the cause of the animal's condition.
In addition to providing services as part of an investigation the veterinarian or veterinary staff may be the first to receive a report of or to recognize animal cruelty. Many states have laws that require veterinarians to report suspected animal cruelty and, in some states, veterinarians are immune from criminal and civil action for reporting a concern, if acting in good faith. When confronted with potential animal abuse or neglect a veterinarian must consider the ethical, legal, and obligatory aspects of reporting suspected cruelty and take appropriate action.
6.2 The Veterinarian's Oath
Upon graduation with a doctorate in veterinary medicine the new graduate swears an oath of dedication to the profession. This oath was first authored in 1965 and was modified in 2010 to include the words “welfare” and “prevention … of suffering” [1]. This small change has far‐reaching meaning for the profession. Not only are veterinarians responsible for expertise in animal and public health, but they are also obligated to protect the welfare and prevent the suffering of animals (Box 6.1).
Box 6.1 Veterinarian's Oath
Being admitted to the profession of veterinary medicine, I solemnly swear to use my scientific knowledge and skills for the benefit of society through the protection of animal health and welfare, the prevention and relief of animal suffering, the conservation of animal resources, the promotion of public health, and the advancement of medical knowledge.
I will practice my profession conscientiously, with dignity, and in keeping with the principles of veterinary medical ethics.
I accept as a lifelong obligation the continual improvement of my professional knowledge and competence.
The oath underscores the duty of the profession to aid in responding to animal cruelty. It is the veterinarian's responsibility to report cruelty when suspected, and to intervene before the potential for neglect in a client's animals becomes criminal. Animal welfare is the proper treatment of animals. According to the American Veterinary Medicine Association: “Ensuring animal welfare is a human responsibility that includes consideration for all aspects of animal well‐being, including proper housing, management, nutrition, disease prevention and treatment, responsible care, humane handling and when necessary, humane euthanasia” [2]. In each instance of examining an animal, a crime scene, or other evidence, the guidance provided to the veterinarian by the veterinarian's oath and the relevant law provide clarity to direct the actions of the veterinarian.
6.3 How Veterinary Forensics Differs from Traditional Veterinary Medicine
Owing to the advancement and increasing specialization of veterinary medicine and the recent expansion of the crucial role veterinarians play in the fight against animal cruelty, the field of veterinary forensics has emerged. This specialized area within the profession is gaining tremendous recognition, while establishing knowledge and practices that benefit humans and animals in communities around the world.
Figure 6.2 The forensic veterinarian’s role includes examining physical evidence and reporting on its significance.
Source: Oregon Humane Society.
Forensics is defined as gathering evidence to evaluate whether a crime has occurred [3]. The veterinary exam, which is well defined by academic training and practice, becomes a forensic exam when the information gathered is used in this manner. Thus, any veterinary exam could be used as evidence in a legal matter. Medical records and opinions of veterinarians are scrutinized by colleagues, clients, and others as a matter of normal business. The significant difference in a forensic exam is that the information included may involve additional detail and organization of information such as housing, behavioral observations, extensive medical history, and husbandry. Ancillary reports, photos, physical evidence, witness statements, investigators notes, and other items not traditionally reviewed in clinical practice may also become part of the forensic examination report (Figure 6.2). The field of veterinary forensics also varies from other specialties in that it is not commonly a full‐time focus in everyday veterinary practice, but rather a skill that all practitioners may need to draw on as part of their clinical and community duties when the need arises or when they are called upon.
6.4 Veterinary Confidentiality and Medical Records Requests
Maintaining confidentiality protects privacy of individuals and respects legal boundaries. Details about individuals or ongoing investigations are not to be shared by professionals unless permission is given, or it is necessary to further the investigation. Failure to understand and respect these boundaries may have an adverse effect on the outcome of an investigation and the legal process involving a case. During animal cruelty investigations, questions about the boundaries of confidentiality and what information may be shared, with whom, must be answered correctly.
In the practice of veterinary forensics, there are several aspects of confidentiality to consider. During an ongoing investigation, the information gathered inclusive of all statements, reports, photos, videos, or other evidence is to be protected and only shared with individuals who are working directly with you on a case. This includes scribes, technicians, laboratory staff, photographers, and even shelter or rescue operations staff. When authoring reports and engaging with others who assist you, make note of these individuals' contributions and involvement by documenting this in the report.
When caring for live evidence in Protective Custody or stored evidence, maintain strict chain of custody practices with the appropriate record of individual involvement. Be proactive and inform others who are assisting you that investigations are confidential. Be clear about the boundaries of discussing the findings, posting on social media, or talking with uninvolved staff or other parties.
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