Pet Forum

Malpractice lawsuits are a very big issue for veterinarians. Veterinary malpractice cases are costly, emotional, and something that every veterinarian wants to avoid at all costs. Let's discuss how veterinarians can avoid vet malpractice suits, and what you should do if your pet was harmed as a result of your vet's professional negligence.

The best way for a veterinarian to avoid malpractice claims is to simply not perform their duties in a negligent manner. You must perform your work in a manner that meets or exceeds the standard of care in the industry. If you do make a mistake and cause harm to a pet, don't hide your errors or attempt to provide no relief. Since punitive damages and excessive financial awards are a very real possibility in pet doctor malpractice cases, you need to do everything possible to satisfy the plaintiff's needs before they consult with a trial attorney. Offer to cancer their bill. Offer to pay an amount that will allow them to purchase another pet. Be more than willing to go out of your way to explain to the pet owner that you care about them and their pet. Most vet malpractice cases occur because the veterinarian didn't show compassion when they were negligent. If you are willing to admit fault and do whatever it takes to console the grieving family, the likelihood that your case will go to trial are minimal.

If your pet is harmed while under the care of your veterinarian, you may have a veterinary malpractice claim. The first thing that you need to do though is to ask the vet what went wrong. If you are not satisfied with his explanation, seek a second opinion from another pet surgeon or animal doctor. If you still believe that your veterinarian is guilty of professional negligence, ask them to cancel the bill, pay for the funeral or other surgeries that are needed, and pay for a similar animal as a replacement if necessary. If your vet is not willing to do this, you may wish to seek an opinion from a trail attorney or professional malpractice lawyer. In most cases, pets are treated as simple property under the law, but in some cases the courts will award special damages such as emotional suffering under particular cases. Your attorney will explain to you that you must prove that the veterinarian owed a duty to you and the pet, that he breached that duty by failing to act within the standard of care in the industry, that the vet's negligence was the proximate cause of the injuries, and that actual injuries were suffered. It is a long, complicated, and emotionally taxing legal process, but it may be right under your situation.

I may be too emotionally distraught right now but if I was looking to pursue
the above against the vet who was treating our cat for constipation and
dehydration and within two days he was dead, do I look for a personal injury
attorney or try to find one if out there that specializes in this type of case?
Is this the type of litigation that is usually done on a contingency basis ?
We can not get beyong the fact that we took our cat in to just make sure
there was nothing going on, find out about the above, leave him for treatement ( an enema and fluids) for about an hour, pick him up and
go home and then by early morning we have a non responsive, almost
comatose cat. Rush him back to the vet, leave him for fluids and blood work
and two days later he is dead. Something is not right with this picture.
Appreciate any advice,
Mike

I have a vet do a routine spaying for a kitten that we have cared for since birth (his mom is our pet too). Kitten is very healthy, and unusally smart and loving. My wife taught him to fetch for instance.
Well the vet does the surgery, then leaves him unattended afterwards, no one observes him or checks on him thoroughly. He stopped breathing (overdose) and dies. This kitten was special. This vet should not be able to kill pets with negligence and have no consequences. He should be suspended or have some action to penalize him. What should be done?

Well I can certainly feel your pain and I have been wondering the same exact question...I wonder if anyone knows the answer. My dog was taken to the vet on 10/11 and hospitalized for fluids and such..then released felt a little better for about 72 hours...and then relapsed. vomiting/diarrehea/blood coming out her bottom...weight loss/loss of appetite. I finally had to ask the day she died....what are you treating her for...they said they didn't know. I went on to tell them...well then what test are there to figure it out....and they said something about it being expensive...needless to say...they took it upon themselves to think that we wouldn't be able to afford extensive testing...and our dog/family member died that night from a operable intestinal problem seen after she was gone...almost 3 weeks of suffering...so horrible!!! I don't even know how to handle it...our family is torn by this...

I am amazed at the number of calls my law practice has received recently from pet owners with veterinary malpractice complaints. What is frustrating is the lack of compassion present in most courts on the negligent death of an animal. Since animals are deemed property, damages in such lawsuits typically involve the loss of monetary value of a pet--there is no value placed on the emotional loss. Unless you have a valuable breeding, show, or competitive animal you will frequently have a difficult time finding an attorney taking the case on a contingency basis as the amount of time expended would exceed any damages recovered. The good news is that a few states emotional loss has been recognized. In any case you should contact an attorney to see if your case could be brought. You should also pay close attention to statutes of limitation which after a matter of time will completely bar any action.

Other things to consider are small claims court (leaving you with less monetary relief but can be brought without an attorney. You should also file a complaint with the state veterinary licensing board. While this will not necessarily bring you money, it may result in a fine or suspension of the vet if a violation is found. Lastly, (although also limited in monetary relief) you may be able to negotiate a settlement directly with the vet; a veterinarian may be willing to reduce or forget the bill.

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I appreciate the concern which is been rose. The things need to be sorted out because it’s not about the individual but it can be with everyone.

Lawyer