Learn about veterinary malpractice as a cause of action, including the elements of malpractice, the available damages, and the common defenses. Also, get some helpful tips for those who may not have the resources to sue their veterinarian.
Your pet is much more than your property. Your pet is a beloved member of your family.
Unfortunately, the law in most states treats pets as personal property, which presents some challenges when attempting to sue a veterinarian for malpractice.
In this article, we’ll take a close look at veterinary malpractice, including what you need to prove to win your lawsuit, what damages you may be able to recover, and how you may be able to hold your veterinarian responsible without filing a lawsuit.
Statistics from the American Pet Products Association (APPA) indicate that pet owners in the United States spent more than $18 billion on veterinary care in 2018.
“Today more than ever, pet owners view their pets as irreplaceable members of their families and lives, and it’s thanks to this that we continue to see such incredible growth within the pet care community,” said APPA President Bob Vetere.
Statistics regarding veterinary malpractice aren’t well-maintained, but 1 source estimates that there are more than 2,000 cases of veterinary malpractice filed in U.S. courts every year. The same source found that veterinary malpractice claims have increased every year since 1983, in part, because owners have higher expectations of veterinary treatments and procedures than in previous decades.
Your veterinarian is not automatically liable for malpractice just because your pet suffered an injury or died while in their care. Some injuries are unavoidable or necessary to prevent more significant injuries.
To prove that your veterinarian committed malpractice, you need to establish the following elements:
Let’s take a closer look at both of these elements.
Your veterinarian’s actions (or inactions) are judged against the actions of a reasonable veterinarian with a similar background.
For example, if your veterinarian reviews your dog’s blood work and fails to detect cancer, the question for the jury is:
Would a reasonable veterinarian have detected the cancer?
Jurors are not expected to have medical backgrounds. As a result, both parties typically retain medical experts to provide testimony about whether the veterinarian acted unreasonably.
The need for expert witnesses is one of the reasons why veterinary malpractice cases are expensive to litigate. Unfortunately, even if you don’t think it’s necessary to retain an expert, most states require you to do so.
Real Life Example:In Williams v. Reynolds, 263 S.E.2d 853 (N.C. 1980), the veterinarian performed a castration upon a quarter horse. Significant swelling developed, which the veterinarian treated by exercising the horse. Within a week, the horse died.
Medical experts hired by the plaintiff testified that the veterinarian’s treatment was contrary to accepted medical practice and that, because the swelling had not been reduced in 24 hours, corticosteroids and antibiotics should have been administered.
The court ultimately ruled in favor of the plaintiff.
There is an exception to the general requirement that you must retain a medical expert. Res ipsa loquitur is a legal principle that says sometimes the action of a veterinarian is so obviously wrong that an expert is not needed to prove malpractice. Instead, the court will allow a jury to make a judgment based on the common knowledge of the community. Res ipsa loquitur may apply if, for example, the veterinarian operated on the wrong horse.
It’s not enough to prove that your veterinarian acted unreasonably. You also need to prove that your veterinarian’s unreasonable actions caused your pet’s injuries. This is not as simple as it may sound.
Consider the following example:
John brings his dog to the veterinarian because the dog is lethargic and not eating. Despite swollen lymph nodes, the veterinarian fails to diagnose cancer and instead recommends a change in diet.
A month later, seeing no improvement, John brings his dog to a different veterinarian who immediately identifies the swollen lymph nodes, orders tests, and diagnoses the dog with cancer.
In this example, it’s clear that the first veterinarian acted unreasonably in misdiagnosing the dog. But did the veterinarian cause the dog’s injuries? After all, the dog has cancer regardless of the veterinarian’s actions. In this example, the plaintiff will need to prove that the delay in diagnosis caused some injury to the dog.
As is the case with establishing the appropriate standard of care, parties typically use expert witnesses to establish causation.
Not every lawsuit filed against a veterinarian is a malpractice lawsuit. If your veterinarian injures your pet while acting in some capacity other than their professional capacity, a negligence lawsuit may be appropriate.
For example, if your veterinarian injures your horse while trailering your horse, the veterinarian will be sued under negligence principles. Similarly, if your veterinarian provides boarding facilities for your healthy dog, the veterinarian will be judged under the same negligence standard as any other boarding facility.
Finally, if your pet is injured as a result of a defective medical device, a product liability lawsuit against the manufacturer may be appropriate.
In addition to arguing the merits of the case (i.e., that the veterinarian wasn’t unreasonable or their actions didn’t cause the injury to your pet), there are a couple of technical defenses that the veterinarian or their malpractice insurance company may employ:
Veterinarians in certain states are shielded from liability if they render emergency treatment to an injured animal at the scene of an accident. Tweet this
To understand the damages available in veterinary malpractice cases, let’s take a quick look at the 3 types of damages typically available in civil lawsuits:
The unfortunate reality is that pets are considered property in most states. As a consequence, owners of injured or deceased pets are typically limited to recovering the following damages:
To put it another way:
What’s more, if your pet dies, you can’t recover the subjective value of your pet (i.e., what your pet is worth to you), but you’re instead limited to the fair market value of your pet (i.e., what it would cost to buy a similar pet in the open market).
Enjuris tip: A small number of states allow courts to consider the “sentimental value” of a pet, including Tennessee. What’s more, some states have laws in place that award more damages for service animals. It’s wise to meet with a lawyer in your area to determine the potential value of your claim before deciding whether to proceed with litigation. Most initial consultations are free.
Filing a veterinary malpractice lawsuit is often cost-prohibitive (in other words, expensive). But this doesn’t mean your veterinarian should get away with harming your pet and potentially harm other pets in the future.
You can file a complaint against a veterinarian with your state’s veterinary licensing board. This process may result in disciplinary action against the veterinarian’s license or other remedies authorized by the license law.
Suing a veterinarian for malpractice can be costly. If you’re determined to pursue litigation, it may be worth looking into free or reduced-cost representation. Here are some options:
Learning that your veterinarian may have harmed your pet can be traumatic. It’s important to stay calm and take the following steps to improve your chances of recovering compensation for you and your pet:
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