Professional Misconduct Of The Veterinarian: Is It Worth Prosecuting?
It can be difficult, but not impossible, to get fair compensation for your loss when a pet dies or suffers due to careless or incompetent treatment by a veterinarian.
If you are like most people, you treat your dog or cat as a family member. As you would for other family members, you will do everything you can to get the best medical treatment when your pet gets sick or gets injured. But what if he doesn't recover - or even die - after veterinary treatment? If you think it's the veterinarian's fault, your first impulse might be to sue for malpractice. But veterinary malpractice suits can be difficult to prove and costly to prosecute. Even if you win, you probably won't get what you think is fair compensation for the loss of your beloved pet. However, depending on the circumstances and where you live, taking legal action or threatening to sue it could always be a winning strategy.
Proof of Professional Misconduct At the Veterinarian
When the courts decide whether a veterinarian is responsible for malpractice, they use the same basic rules that apply in cases of medical malpractice. To win, you must prove that:
the veterinarian had accepted responsibility for treating your pet
treatment did not meet professional standards - what you would expect from an average and competent veterinarian in the same circumstances
this failure caused the animal to be injured or killed, and
as a result, you have suffered harm (or "damage" in legalese; more information below).
treatment did not meet professional standards - what you would expect from an average and competent veterinarian in the same circumstances
this failure caused the animal to be injured or killed, and
as a result, you have suffered harm (or "damage" in legalese; more information below).
Weighing Costs Against Compensation
As a general rule, you should hire an expert witness to help prove that the veterinarian's care was below normal and was the real reason for your pet's aggravation or death. It can be expensive.
Besides, you may find it difficult to hire a lawyer. Lawyers usually work on malpractice cases for emergency costs, which means they only take a percentage of any compensation you receive. But in cases of veterinary malpractice, the potential compensation is often not enough to cover the costs of the lawyer. As a result, lawyers can refuse you or ask for an hourly rate, unless there are special circumstances that could argue your case.
Is a Pet Worth More Than Its Price?
To understand why compensation tends to be low in cases of veterinary malpractice, it is helpful to understand that the law treats animals as property. If you prove that your pet was injured due to veterinary malpractice, you can usually be compensated for the cost of the additional treatments needed to restore the pet's health. But if he died or was permanently disabled, most courts will only measure this loss by the fair market value of the animal - the amount it would cost to buy an identical animal of the same age, the same race, of the same condition and of the same training. Unless you have lost a trained service animal or champion show dog, the cost of replacement is unlikely to be high.There Are Some Exceptions To This General Rule:
When an animal has no market value (such as a pooch adopted from the shelter), some states recognize that the damage for its loss should be real value for the owner, which may include sentimental value (for example, see Jankoski v. Preiser Animal Hosp., Ltd., 510 NE2d 1084 (Ill. App. Ct. 1987)). And some courts have concluded that loss of companionship may play a role in measuring the true value of a dog to its owner (see Brousseau v. Rosenthal, 110 Misc.2d 1054 (N.Y. Civ. Ct. 1980)).
In rare cases where the conduct of a veterinarian was particularly outrageous or intentional, some courts may award punitive damages and/or compensation for the emotional distress of the owner of the animal. For example, a Florida court said that a jury correctly took into account the owners' mental pain and suffering after their dog was left on a heating pad for almost two days at the veterinary hospital, causing severe burns and disfigurements (Knowles Animal Hospital, Inc.. Wills, 360 So.2d 37 (Fla. Ct. App. 1978)). But other courts follow a rule that prohibits emotional distress damage to owners in all cases of veterinary malpractice (see Kennedy v. Byas, 867 So.2d 1195 (Fla. Ct. App. 2004)).
Alternatives to veterinary malpractice suits
Faced with obstacles to filing a veterinary malpractice
The Complaint, Pet Owners have Other Options:
Insurance regulations. If the veterinarian has malpractice insurance (and many do), you may be able to file a claim and negotiate a settlement without having to take legal action, especially if you are only looking for compensation for additional veterinary bills.
Small Claims Court. Due to simple Small Claims Court procedures, this can be a good option if you are not claiming compensation above your state's ceiling for small claims.
Prosecution for simple negligence. Some problems that occur at the veterinarian's office or at the pet hospital are not professional misconduct because they do not involve the professional competence and judgment of the veterinarian. But if your pet has been injured due to careless handling or care by the veterinarian or other employee of the pet clinic, you may be able to file a personal injury complaint. for negligence.
File a complaint. Even if you never receive compensation for your losses, you can at least try to hold a reckless or incompetent veterinarian accountable by filing a complaint with the State Veterinary Council. The board will investigate the matter and may suspend or revoke the veterinarian's license if warranted.