Page 1204 - Adams and Stashak's Lameness in Horses, 7th Edition

1170 Chapter 12

PREPURCHASE EXAMINATION

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The prepurchase examination (PPE) is the most com­ prospective buyer must be kept informed and receive the
prehensive examination a veterinarian will perform on a final PPE report. It is important to realize that all parties
horse. It is not only an examination of overall health involved in a potential sale have a role in the process
and soundness of a horse, but the information obtained and that their roles should be acknowledged, respected,
is used to help make decisions about the ability and and addressed in one shape or form. 26
capability of performing an intended purpose for the The prospective buyer is the person financially
prospective buyer(s). However, the purpose of the PPE obligated to the PPE and responsible for making the
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is not to evaluate or guarantee a horse’s future behavior, decision to purchase or to decline purchase. The rela­
trainability, or athletic ability. The horse’s future per­ tionship between the veterinarian and prospective buyer
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formance cannot be predicted or guaranteed by the PPE; should be established early and clearly stated in the
it can only attempt to ascertain any current or potential record. Pre‐exam communication with the prospective
problems that may affect future soundness. The PPE is buyer should outline the structure of the PPE, available
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a collection of information used by the buyer to help ancillary testing, cost of services, limitations of the PPE,
make an informed reliable decision for purchase. The any financial limitations, and any and all conflicts of
veterinarian’s focus should be to be a facilitator in the interest. The veterinarian is working for the prospective
transaction while always representing the buyer’s best buyer; the prospective buyer is the owner of all informa­
interests. Therefore, the veterinarian’s role in performing tion gained from the PPE. 11,15,21,23,26 If the PPE does not
the PPE is to evaluate and advise on the serviceability of end in a change of ownership, it should be made clear to
a horse for a prospective buyer’s intended purpose and the prospective buyer that the findings of the PPE are
to provide guidance on how any existing conditions privileged information and should not be discussed with
may affect the future performance of the horse. 15,21 anyone beyond the parties involved so as not to hinder
Evaluating and determining the suitability of a horse is any future potential sales.
generally considered the task of the prospective buyer, The seller is the legal guardian of the horse being
agent, and/or trainer. 21 examined. This individual plays a critical role, in that
The veterinarian should be well informed as to the anything done to the horse during the examination (i.e.
responsibilities and potential risks of performing PPEs. riding under saddle, pulling blood for potential drug
If the veterinarian is not comfortable with all aspects of screening, sedation for imaging, etc.) can only be per­
performing and interpreting the PPE, it would be in their formed following consent from the seller. The seller is
best interest to refer the examination to a colleague that also the source of any pertinent history or medical
has these skills. Performing the examination is not nec­ records that should be collected prior to performing the
essarily the most complicated component of the process PPE. If the seller is not present at the time of the PPE,
as much as the interpretation, documentation, and signed consent forms or witnessed consent should be
reporting of the examination findings—crossing the t’s obtained prior to performing the PPE. 2,15,21,26 Although
and dotting the i’s, as they say. The PPE is one of the the PPE contract is between the prospective buyer
most common claims brought against equine veterinar­ and the veterinarian, the seller should remain well
ians for malpractice or veterinary negligence. Issues informed throughout the examination. Keeping in mind
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recognized in some claims have included (1) owner and that the information gained from the PPE is the property
agent pressures resulting in compromise to the veteri­ of the veterinarian and the prospective buyer, consent
narians normal procedures and standards, (2) overinter­ from the prospective buyer must be granted before any
pretation of radiographs or laboratory results when an sharing of materials. 15,21,26
incomplete history was obtained or an inadequate phys­ The veterinarian is the individual actually performing
ical examination was performed, (3) misunderstanding the PPE and plays a tremendous role in the collection,
on the part of the prospective buyer as to the PPE not interpretation, and dissemination of PPE results. Another
providing warranty to the transaction, and (4) incom­ important role of the veterinarian is to recognize and
plete or inaccurate information obtained from agent or alleviate any areas of conflict of interest. According to
trainer directly involved in the transaction. 13 the American Association of Equine Practitioners
There are numerous parties involved in the PPE. At (AAEP) Professional Conduct and Ethics Committee,
minimum there is the prospective buyer, seller, and the most common potential conflict of interest that is
examining veterinarian. In many cases there may also be encountered in practice is when the seller or the buyer
an agent for the prospective buyer and agent for the and seller are clients of the practice asked to perform the
seller or trainers, and the buyer may also have a trusted PPE. It has commonly been recommended that a veteri­
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veterinarian that they wish to have involved. Throughout narian should refuse to perform a PPE on a horse owned
the process it should remain clear to everyone that the by their client. In many instances this can be difficult,
prospective buyer is the owner of information gained and oftentimes both the seller and buyer are comforta­
from the PPE. If a legal agent is representing the pro­ ble having the established veterinarian perform the
spective buyer, then communications may be between examination. The AAEP Professional Conduct and
the examining veterinarian and the agent; however the Ethics Committee has addressed this issue and states