Vet has sanction postponed after admitting fraudulent insurance claims

A former County Down-based veterinary surgeon has had his sanction hearing and decision postponed having agreed to enter into undertakings offered by the RCVS Disciplinary Committee after he admitted four separate charges related to fraudulent pet insurance claims.

Each charge related to fraudulent pet insurance claims that Dr Donal Johnston MRCVS had made for the treatment of animals when he was in practice in Banbridge, County Down. two of which were fictitious, and where he had arranged for the insurance claims to be diverted and paid into a personal bank account, rather than the practice’s bank account.

At an earlier hearing which concluded on 28 April 2022 Dr Johnston had admitted all the charges against him as well as admitting that his conduct was dishonest and amounted to serious professional misconduct. The Committee was satisfied that Dr Johnstons’ conduct amounted to serious professional misconduct with Committee Chair Paul Morris saying: “The Committee has no hesitation in concluding that the respondent’s dishonest conduct will have severely undermined the confidence of the public in the veterinary profession and, further, that his conduct fell far short of the standards and conduct properly to be expected of a member of the veterinary profession. The Committee is satisfied that this conduct by the respondent brought the profession into disrepute.”

The proceedings were then adjourned to allow a Psychiatric report and other mitigation to be prepared.

At its resumed hearing on Monday 1 November the Committee considered what sanction to impose in relation to Dr Johnstons actions.

In considering the appropriate sanction for Dr Johnston, the Committee considered the aggravating and mitigating factors in his conduct.

“In reaching this conclusion the Committee wishes to make it clear that it has taken an exceptional course in this case. Ordinarily conduct of the type covered by the charges which this respondent has accepted will merit the imposition of a sanction of removal from the Register or a period of suspension from the Register."

The Committee found that aggravating features of his misconduct were that it was premeditated, carefully planned and sophisticated in that it involved the creation of numerous and extensive false clinical records to support his fraudulent claims. It also considered the fact that he implicated an innocent professional colleague who worked alongside him at the practice, that he abused the trust placed in him by clients, that the dishonest conduct was repeated and that it involved significant financial gain in excess of £13,200 to be further aggravating features of his conduct.

In terms of mitigation, the Committee accepted that he had made early admissions regarding his conduct to his employer and the College and accepted responsibility. The Committee also heard that he had made attempts at remediation involving repayments of some of the sums lost by the practice and insurers. It also considered positive testimonials from family and professional colleagues and the fact that Dr Johnston had taken significant steps to deal with the gambling addiction that was at the root cause of his misconduct.

Having considered all the evidence, the Committee decided to postpone its decision on sanction for a period of two years on the condition that Dr Johnston agree to undertakings including refraining from any form of gambling, subjecting himself to a close regime of support and supervision, and repaying some of the sums he had defrauded.

Paul Morris added: “In reaching this conclusion the Committee wishes to make it clear that it has taken an exceptional course in this case. Ordinarily conduct of the type covered by the charges which this respondent has accepted will merit the imposition of a sanction of removal from the Register or a period of suspension from the Register. In this instance the Committee has found it possible to take the course that it has because it is satisfied that the respondent was, at the time, suffering from a recognisable psychiatric compulsive addiction… and that the fraudulent attempts by the respondent to obtain funds with which to gamble would not have occurred but for this psychiatric condition.

“The Committee further considers that the undertakings offered by the respondent will serve to reduce the risk that he will relapse into gambling again, for his conduct will be closely monitored and he will accept continuing support and guidance from the organisations currently assisting him.

“The Committee is also satisfied of the requirements that neither animals nor the public will be put at risk by this proposed course of action; that the respondent has demonstrated insight into the seriousness of his misconduct and that there is currently no significant risk of repeat behaviour; that his practicing standards are not in need of improvement so long as he continues to fulfil his CPD obligations; that the undertakings offered are capable of being met, are appropriate and are measurable; that there is evidence that his underlying medical problem is being appropriately addressed, will be monitored and reported on; and that he has responded positively to the opportunities for support and counselling which have been offered to him.”

If Dr Johnston fails to comply with his undertakings the Committee will reconvene and consider the charges with the full range of sanctions at its disposal.

This news story is a summary intended to aid in understanding the hearing and the Committee's decision. The full details of the hearing and the Committee’s decision can be found on the disciplinary section of our website.