Veterinary Malpractice Law
Veterinary malpractice occurs when a vet's substandard treatment directly causes harm to an animal. This means that the vet failed to provide the level of care that a reasonably skilled vet would have in a similar situation. For instance, if a vet fails to diagnose a common, easily treatable illness, causing the animal's condition to worsen, that could be malpractice.
Pets as Property and Limitations on Recovery
In numerous states, pets are classified as personal property rather than living beings with independent rights. When this classification applies, successful malpractice plaintiffs are typically limited to recovering damages for the pet’s market value or related financial losses. These are known as economic damages. Non-economic damages, such as pain and suffering, are rarely awarded.
Some jurisdictions have begun examining whether to recognize a broader category of damages for animals, but this remains rare. As a result, many pet owners may receive less compensation than expected, since compensation is often restricted to amounts reflecting the animal’s breed, age, and general market value.
Duty to Provide Care
A vet generally has no obligation to treat an animal unless they agree to provide care. Upon administering or beginning such care, the vet assumes a legal duty to act with reasonable skill and attention. This means that the vet must use the same level of care and skill that other vets with similar training would use. If a vet practices within a specialty, such as orthopedics, that vet may be held to a higher standard than a general practitioner. Failing to meet the standard of care can result in liability for malpractice.
Emergency Situations
In emergency situations, a vet who voluntarily renders aid without the expectation of payment may be covered in some jurisdictions by Good Samaritan principles. These principles generally protect those who render aid in good faith from liability. If a pet is abandoned at a veterinary practice, the vet’s duties depend on specific state laws, which might impose waiting periods or notification requirements before the vet can relinquish care.
Damages in Veterinary Malpractice Cases
In most malpractice lawsuits involving veterinary care, damages are limited to the pet’s economic value or the cost of required treatment. Claims for emotional distress or pain and suffering by the owner are rarely successful unless the defendant’s conduct was extremely reckless or intentional. The compensation that is obtained usually reflects measurable expenses, such as medical costs for correcting a surgery that went wrong. When the animal has died, damages might be limited to the pet’s replacement value, which often depends on its market worth based on breed, age, and health.
Small Claims Court
When the anticipated damages do not exceed the limits set by small claims court in a particular jurisdiction, a pet owner may choose to file there. Small claims courts usually have simplified rules and may not require intricate expert testimony. Often, an owner may present a written statement from a different vet describing how the treatment failed to meet the recognized standard of care. These courts often hear cases where the disputed amounts are no more than several thousand dollars.
