Veterinarians are among the most trusted people who pet parents can rely on to treat, care and diagnose their pets. But, what can you do if you suspect your vet made a mistake when handling your dog and killing him?
This article is intended to assist you understand more about Veterinary malpractices and negligence and much more. Note: This information is not intended to replace the advice of your attorney.
What exactly is veterinary malpractice?
Veterinary malpractice is similar to medical misconduct, except that the victims are animals. If a veterinarian causes harm or death to an animal by carelessness or neglect, this may be considered malpractice. Vets are not required to be perfect. Not all mistakes are malpractice, and the fact that an animal’s condition worsened following treatment does not always imply that the vet is at fault.
A pet owner must prove four things to win a malpractice lawsuit:
Four things must be proven for a pet owner to win in a malpractice case:
- The veterinarian had consented to treat the animal.
- The veterinarian did not treat the animal with the appropriate level of care.
- Due to the vet’s negligence or incompetence, the animal was either killed, hurt, or became sicker; as a result of the animal’s injuries, the animal’s owner suffered harm (referred to as “damages”).
- Veterinary assistants and technicians frequently perform practical medical treatments like injections. If veterinarians or veterinary facilities permit untrained or unsupervised staff to treat animals, they may be held accountable for malpractice.
When Do Vets Have a Duty to Treat?
Veterinarians usually are not required by law to treat injured animals. When they do consent to treat an animal, they risk being held accountable for malpractice if they discontinue care while the animal is still in need of attention.
When providing on-site emergency care, certain states’ laws shield veterinarians from liability. Additionally, if a pet owner takes it to the veterinarian but doesn’t follow up, the veterinarian is not obligated to continue feeding and caring for the animal. Many states have rules that specify the steps veterinarians must take in certain situations.
My Vet Killed My Dog, What Can I Do?
If you believe your dog was hurt or killed due to veterinary malpractice, you have a number of legal options at your disposal.
- You can file a complaint with the state body overseeing veterinary licenses. Although this rarely occurs, state licensing boards have the authority to suspend or revoke a veterinarian’s license.
- Additionally, you might wish to take the veterinarian to court. A lawyer can file a lawsuit or negotiate a settlement.
- You also have the choice of taking your matter to small claims court. The benefits of small claims court are that you do not necessarily need a lawyer—, in some jurisdictions, you are not even allowed to bring a lawyer—and the cases proceed much more quickly than in other courts. In contrast to other courts, small claims court has a lower maximum awardable sum.
How to Prove Veterinary Malpractice
You must first identify the professional standards that apply in your region to prove that the care provided by the veterinarian fell short of them. Typically, the standard of care is what a typical vet would do in a similar situation. Certified specialists are judged by what other competent specialists would do. In any case, you’ll almost certainly need to engage an expert witness—another veterinarian who can testify about what your vet should have done but didn’t.
It is not sufficient to prove that your pet did not improve after treatment. You must show that the vet’s inadequate care harmed your animal. Again, expert testimony will most likely be required.
Finally, unless the animal’s owner can show that it actually suffered harm, you cannot be compensated for malpractice. Damage to the animal is insufficient. The emotional grief that comes with losing your dog or witnessing your cat’s suffering is typically excluded from the definition of harm to you.
Do you have to pay veterinary bills if your dog dies?
You will often be responsible for any vet charges even if a veterinarian is unable to save your dog. The vet’s attempt to treat your dog is reflected in the bills, just as a person’s estate is typically liable for any last medical costs.
In most cases, it’s a recommended practice for a veterinarian to at least waive the associated vet expenses when treating your dog incorrectly. However, if the veterinarian denies that veterinary negligence caused your dog’s death, you might be legally obligated to pay the vet’s fees until you can show what happened in court or come to an agreement with the veterinarian.
Consider how much you might win vs. legal fees you might have to pay
Another essential factor to take into account is the possibility of spending more money than you make depending on attorney fees and court charges. Due to the fact that these cases frequently result in small settlements, some attorneys will not take them on.
Alternatively to billing you on a contingency basis, they may choose to charge you a fixed fee if they choose to take on your case. Before hiring a lawyer, make sure to get that information straight.
You might end up with several thousand dollars rather than a few hundred dollars merely to replace your dog if you can make a compelling argument for additional money in compensation. Even while money will never replace what you lost, it nevertheless comes in handy for covering your expenses.
Due to this, be careful to keep a record of all of your out-of-pocket costs (or consequential damages) associated with the accident, such as medical procedures, veterinarian bills, funeral fees, or therapy and ongoing care.
Determining the value of your dog
You must be very clear about the monetary value of your pet and have hard proof of all damages because courts typically view pets as a type of property. Here are some tips for gathering information and proof:
Replacement cost – Determine how much it would cost to purchase a new dog if your old one were to die. Be able to provide evidence of the current market value.
Find documentation of any formal training your dog has undergone (such as obedience or agility training), as well as any specific skills or tricks they have learned.
Overall health – Ask your dog’s veterinarian for medical records and even a statement about the dog’s general health prior to the accident.
Breed– Different breeds have different prices which greatly determine how much you will be compensated. If your dog is registered by AKC, you need to have the document on hand.
Treatment cost– You should have documents proving your dog had undergone treatment. Most dog procedures and drugs are costly and it would be great if you receive compensation for them.
Recovery options for damages
There are three ways in which you can use when seeking compensation for the loss of your dog.
Each approach works differently so you will have to understand each properly before determining which will suit your needs best.
Civil Lawsuit
If a vet or anyone else harmed or killed your dog whether intentionally or due to negligence, you can find justice for your pet by filing a civil lawsuit against that person. However, you must prove beyond reasonable doubt that it was malicious intent or negligence for you to get compensated. The amount of compensation you will receive will be determined by the state rules. You have to get this information from an experienced lawyer or county clerk.
Criminal Lawsuit
You can file a criminal lawsuit alone or in addition to a civil lawsuit if the act was clearly malicious and was done on purpose. If there is proof that the accused person had broken animal anti-cruelty laws, he/she will serve jail time, fine, or community service. There is also a possibility for you to be further compensated for emotional damage.
Small Court Claims
Small claim courts are optional for those who feel that they want to settle the matter without incurring the big court cost or cannot afford a lawyer. This approach has the following benefits;
- No lawyer is needed.
- It is quicker
- You get assistance from the court clerk to get through the process
Disadvantage
You can only recover economic damages but not emotional or punitive damages.
The recovery stops after the compensation of vet bills and the replacement of your pet. Furthermore, there is a limit to the amount you can sue for. This amount varies from one region to another.
Malpractice or Simple Negligence?
Not all errors at the vet’s office or the pet hospital are due to a veterinarian’s professional ability and judgment. Pets are occasionally wounded outside of the realm of veterinary practice. Below are some examples to help you differentiate between malpractice and negligence;
The following actions may be considered malpractice:
- Wrong diagnosis
- Prescribing the incorrect course of treatment
- Surgical error
Here are some examples of simple negligence:
- Leaving a dog on a heating pad over an extended period of time
- Facilitating a dog to escape through a door that was carelessly left open
- Forgetting to leave enough food and water, or failing to turn over a dog’s body to a funeral home.
Veterinarians and their workers may be held accountable for simple negligence.
Challenges of Winning a Vet Malpractice Lawsuit
Pet owners who sue their veterinarians for malpractice have a difficult way to go. Among the most difficult challenges are:
- locating a qualified attorney whose fees will not exceed the value of your claim
- Assembling the necessary evidence to support your malpractice claim
- Getting an insurance adjuster to take your claim seriously (vets are increasingly carrying malpractice insurance)
- Proving to the judge or jury that the vet gave unsatisfactory care.
Deadlines for Filing a Vet Malpractice Lawsuit
Both malpractice and simple negligence cases must be brought within one to three years of the harm in most states. Don’t wait until the last minute to bring a lawsuit if you’re in settlement talks with the insurance company.
Each state has its own time restriction, which is referred to as the “statute of limitation.” The deadline for filing a veterinary malpractice case may differ from the deadline for filing a medical malpractice lawsuit. If in doubt, consult a lawyer. Even if you have missed the legal deadline, an attorney can explain whether your situation qualifies for a limit exemption.
Where Can I File A Complaint Against A Vet?
Most states have a veterinary board that monitors veterinarians and has the authority to suspend licenses or impose other sanctions. In many circumstances, the vet board cannot assist you in recovering money, except that filing a complaint may cause the vet to consider your claim more seriously and be more ready to settle.
One reason you might wish to register a complaint is to prevent other pet owners from going through the same ordeal. If the vet board receives repeated complaints against the same vet, they know they need to investigate more.
How To Prevent This From Happening In The Future?
1. Look for a licensed veterinarian who is qualified, competent, and caring.
2. Do not delay taking your pet to the vet until he or she is in critical condition. Take your pet to the vet as soon as you notice a problem for proper diagnosis and treatment. Notify your veterinarian of any reactions or problems.
3. Do not be afraid to get a second or even third opinion from another veterinarian regarding your pet’s diagnosis.
4. Monitor your pet’s stay at the hospital or clinic. If you are unsure about the services being offered by the veterinarian, ask questions. Trust your senses.
5. Always seek a second, impartial opinion if you have any suspicions of malpractice. If your pet has passed away, save the body and swiftly transport it to a different vet so that a necropsy can be performed to ascertain the cause of death.
6. Always request a copy of your pet’s test findings (blood work, x-rays, etc.) and keep a record of the medication your pet is receiving on the day you took it to the vet.
7. If you have received a second opinion that supports your suspicions of malpractice, you should seek legal assistance immediately.
