Dermot Costello, a Shropshire practitioner, has been suspended by the RCVS Disciplinary Committee for 10 weeks after he admitted being dishonest with a client and falsifying records about the treatment of her dog.

Mr Costello faced four charges against him:  

• On 31 October 2014 in a telephone call to his client Mrs Green, he dishonestly indicated that Scruffy, her Border Terrier/ Collie cross, was still alive, despite knowing that the dog was dead, and told her that the practice had taken positive steps to treat and/or care for Scruffy throughout the previous night despite knowing this was false;
• On 31 October 2014, during a meeting with Mrs Green, acted dishonestly by indicating the above account was correct and failing to inform her it was incorrect;
• On 19 November 2014, during another meeting with Mrs Green, once again acted dishonestly by indicating that the original false account was correct;
• Between 30 October and 4 December 2014 dishonestly created a hospitalisation record for Scruffy which, for 31 October 2014, included records of observations and/or treatment and/or care which he knew had not been made or given and provided this false hospitalisation record to Mrs Green.

At the outset of the hearing, Mr Costelloe, a partner at a veterinary practice in Market Drayton, Shropshire, admitted all heads of charge against him.

Scruffy had been brought to Mr Costelloe for a consultation on 27 October 2014. He carried out a physical examination and arranged for radiographs and routine blood tests while also prescribing anti-inflammatory tablets for spondylosis. Scruffy was brought back to the practice on 30 October 2014 following the deterioration of her condition. Further assessment took place and an abdominal scan was arranged for the next day. She stayed at the practice overnight, but died at some point during the night of 30 to 31 October 2014.

A telephone call between Mrs Green and Mr Costelloe took place shortly after 8am on 31 October during which he told her that "they had struggled with Scruffy all night" and that, as they were speaking, Scruffy was on oxygen and struggling to breathe.

After Mrs Green said she wanted to come to the practice to be with her dog, Mr Costelloe told her to wait and that he would call her back in two minutes. He did so and told her Scruffy had died five minutes ago, when in fact she had died at some point between 11pm on 30 October and 8am on 31 October.

Mr Costelloe continued the deception at meetings with Mrs Green on 31 October and 19 November 2014 and she was given the falsified clinical records on 4 December 2014. Another meeting took place on 14 January 2015 where Mr Costelloe finally admitted his deception to her. This resulted in Mrs Green submitting a formal complaint to the RCVS on 23 February 2015. He admitted his deception to the College in writing on 4 August 2015.

The Committee decided that all four heads of charge amounted to disgraceful conduct in a professional respect as his actions contravened several sections of the Code of Professional Conduct for Veterinary Surgeons in relation to being open and honest with clients; keeping clear, accurate and detailed clinical records; and not engaging in any actions or behaviour that would likely bring the profession into disrepute or undermine public confidence in the profession.

The Committee noted that, in his statement, Mr Costelloe gave a number of reasons for his conduct, including concern over Mrs Green’s reaction to the death of her dog and concern for the young vet who was on duty when Scruffy died. However, the Committee considered that the need to be open and honest with his clients should have been put above the needs of his practice.

In considering its sanction against Mr Costelloe, the Committee heard mitigating evidence from four character witnesses called on his behalf, as well as a number of written testimonials, and also had regard to his evident remorse, shame and insight into his behaviour.

However, it also considered a number of aggravating factors, including the fact that the misconduct had premeditated elements, was sustained over a period of weeks, and constituted a clear breach of client trust.

The Committee decided that the most appropriate sanction was to suspend Mr Costelloe from the Register for a period of 10 weeks. Chitra Karve, chairing the Committee and speaking on its behalf, said: "It [the Committee] concluded that this was the appropriate and proportionate sanction in this case. The Committee took the view that the likelihood of repetition of dishonest conduct was very low. It had found no ‘attitude of dishonesty’ in the respondent. There were no risks to the welfare or health of animals. The respondent was a good veterinary surgeon and he had shown considerable insight regarding his dishonesty, for example, by actively seeking out Ms Green to tell her the truth. 

"The Committee does not condone what the respondent has done. It considers that the public interest requires that there has to be confidence that veterinary surgeons do not fabricate accounts or documents, no matter what their intentions."

She added: "The Committee has therefore determined that suspension for a period of 10 weeks is proportionate in all the circumstances to mark the nature and gravity of the case and is sufficient to maintain public confidence in the profession and to uphold proper standards of conduct and behaviour, and directs the Registrar accordingly."

The Committee’s full findings and decision are available on the RCVS website (www.rcvs.org.uk/disciplinary).

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