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.
Clear direction regarding communication helps to maintain confidentiality and reduce the potential for dissemination of inaccurate information. Record th details of who was involved in communications and what directions they were given in your notes for the case.
In the event medical records from another agency or veterinary practice are needed, use a standard format for requesting records, and include these records in their original format with the final report, preferably as an attachment. Individual states have laws pertaining to veterinary record confidentiality. Record requests may be made without client permission, depending upon the state [4]. The licensing board in each state or country is a good resource for current laws or rules regarding records requests.
6.5 Public Information Considerations
Animal cruelty investigations are of high interest to the public and the media. Veterinarians serving on a case must avoid talking with the media, until the case is adjudicated. If sharing information with the public is necessary, use a secondary resource, such as someone from the public relations department or from practice management to talk with the media. These individuals must have basic media communications skills and understand the boundaries regarding what can be discussed when an investigation and case is ongoing. Law enforcement and prosecutors are an excellent resource if you are not sure what the boundaries are in terms of discussing a case and need help determining who should talk to the media and what, if any, information may be released. In some cases, talking with the media about the status of a case or alerting the public about needing leads and a reward may be helpful. Know how and when to provide this information to the media ahead of time so a mistake is not made under pressure and in the middle of an active news story. See Chapter 14 for additional information about media relations.
The veterinarian may provide information for release that is approved by the law enforcement representative for the case such as breed, age, medical findings, or details about how the animal was found. This information may be used for the reward via a public information officer or other party (Box 6.2). By checking with law enforcement before providing information, the risk of jeopardizing the case by releasing confidential or investigatory information is eliminated.
In most cases, it is impossible for a veterinarian to remain completely anonymous when reporting or assisting with an investigation. While these situations may be emotionally charged and challenging, advocacy for the animal(s) involved, consideration of other aspects of human involvement such as child welfare or elder abuse, and the veterinarian's obligation to confront the findings fairly and accurately based on their knowledge are required.
Box 6.2 Case Example
Case example:
News release to media:
$2000.00 reward offered for information leading to arrest of persons responsible for an animal abandoned in Washington Park Forest. A two‐year‐old terrier cross was found abandoned in a crate in a public area on Saturday. If you have information about this case, please contact Sheriff Jones at 503‐555‐1122.
The forensic examination of evidence provides the essential insight with which law enforcement and the criminal justice system will act but is not the decider of the suspect's guilt or innocence. Inform colleagues and clients about the veterinarian's obligation to recognize, report, and assist with the fight against animal cruelty, and that the veterinarian is not judge and jury in these cases, but rather called upon for expertise. Generally, the public expects veterinarians to be animal advocates and sees veterinarians as reputable and trustworthy. Failure to act casts a shadow on the reputation of a clinician, while acting on behalf of an animal is the expectation of the public. Do not allow fears about client confidentiality or retaliation prevent you as a veterinarian from acting, when necessary, in an animal cruelty case. Consult with law enforcement or the prosecutor if you have specific concerns regarding anonymity, safety, or public information.