The People vs Nibbles

In Veterinary Surgeons’ Board of Western Australia and Alexander [2014] WASAT 105 Justice?Curthoys found that Nibbles and three other guinea pig patients suffered horribly at the hands of their vet due to his unprofessional conduct. The Judge and Members of the Western Australia State Administrative Tribunal effectively upheld findings of veterinary malpractice because:
– The vet treated Nibbles with potentially lethal drug Convenia when “He should have known that Convenia was detrimental to and potentially lethal to guinea pigs”. However, the vet in question clearly didn’t know this. Instead, he performed a quick Google search about the drug on his mobile phone before plunging the toxic dose into Nibbles. As a result, it was found the vet’s “conduct set out in administering Convenia … to Nibbles fell substantially short of the standards of professional conduct that could reasonably be expected to be observed by members of the veterinary profession of good repute and competency.”
A poorly cared for guinea pig– On another occasion the vet castrated three guinea pigs at their owner’s home rather than at his clinic, and then?left them under anaesthesia so that “one of the guinea pigs did not regain consciousness after the surgery and died within 24 hours, another regained consciousness but died within approximately 36 hours of the surgery, and the third guinea pig remained immobile for more than 12 hours after the surgery.”
The vet thought it acceptable to leave the guinea pigs because he had to go and?euthanise a dog, and besides “I had done it on a basis of quite a cheap amount, especially for the amount of time I spent there, I did leave them there, and [the owner] said she would contact me if they didn’t wake up.” Well, they didn’t.?
Thankfully the Judge disagreed with the vet, citing expert evidence that: “the guinea pigs should be walking before they are discharged to the care of an owner.” It was also found that such surgery should be performed in the relative safety of a veterinary clinic to minimise risks. Sadly, two of the guinea pigs were killed as a result of such unprofessionalism and reckless indifference to their welfare.
To the females out there, this would be like your doctor performing a hysterectomy while you lay unconscious on your kitchen bench. Then, when he is done, your doctor and?anaesthesiologist pull out their tubes and put down their tools as they rush off to another job. “Don’t worry” your doctor tells your husband: “just call me if she doesn’t wake up.”
We await the Tribunal’s decision regarding penalty which is due shortly.?