How to File a Complaint For Veterinary Malpractice
Unfortunately, sometimes a doctor or a veterinarian will make mistakes in administering care to a human or an animal. Mistakes by such professionals are considered "malpractice." All states allow civil suits against such a professional for the damages caused by the professional's malpractice, and each state sets guidelines concerning lawsuits against the various professionals. However, before proceeding against such professionals, certain matters need to be considered.
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Instructions
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Determine whether the veterinarian committed malpractice. Many times things go wrong in administering medical treatment to humans or animals with bad results. This does not necessarily constitute malpractice. The ultimate question is whether the veterinarian deviated from the acceptable standard of care administered by other veterinarians in the community where he practices. The standard of care in New York City may be quite different from that in Dothan, Alabama.
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Research state statutes of limitations regarding the time within which a potential plaintiff must file his lawsuit. Failure to file within that time frame will bar the lawsuit. In medical malpractice, the key issue involves when the injured party first knew or should have known about the malpractice. Also, all states have what is called a statute of repose, meaning that, after so many years, all suits are barred against the professional regardless of the plaintiff's lack of notice.
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Find an expert. Just because a potential plaintiff thinks his veterinarian has committed malpractice does not establish a suit for malpractice. Only a professional veterinarian can review the evidence and establish that the prospective defendant did actually commit an error constituting malpractice. The professional, now the expert witness, must be familiar with the standard of care in the defendant veterinarian's community and must be able to state that the defendant deviated from that standard of care, causing the injuries claimed.
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Determine damages. Before any lawsuit can go forward there must be actual damages that a plaintiff is allowed to recover as a matter of law. Veterinary malpractice is somewhat different from malpractice dealing with humans. Most states set considerable limits on the award for pain and suffering for the loss of an animal, whereas, if the loss is human, the damages for the most part are not limited. All out-of-pocket expenses can be recovered. If the veterinarian's actions are considered gross and wanton negligence, then an award of punitive damages is available in most states and considered exemplary damages governed by each state's various laws.
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Tips & Warnings
A suit against a veterinarian can be complicated. It is imperative that another expert veterinarian be willing to testify that the defendant veterinarian committed malpractice and why. Each state has limits on what can be recovered for injury to an animal on behalf of the owner.
References
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Stef, What happened to your post?
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This is good to know. I pray that I never need to follow this advice.
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Having a pet harmed by a vet is one of the most horrible things that can happen to a pet lover. My pet died as a result of medical errors of two veterinarians. I will never look at veterinary care again, and in many ways my life will never be the same as before this happened. Even though it's good to know about the legal remedies (if any) pet owners might have against a vet committing malpractice, it is far more important to many of us to have justice served in the form of an appropriate disciplinary action taken against the vet by the jury of his or her professional peers. This is what vet boards are supposed to do. Instead they are often biased in favor of their own, leaving a grieving pet owner without a fair recourse. We need to have vet boards protect our pets' right to a safe veterinary care. That's their job. Yet many state boards are known to dismiss 9 out 10 complaints filed by consumers. This has to change.
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The one thing that we are not able to find out is when you seek out a veterinarian, if he has harmed or even killed any animals intentionally or mistakenly, how do we ever find out? How do we know his record? The sad fact is, that we can not find out because there is not a resouce available to us to have warning. They continue to practice. This is a self governed, uninterupted continuence of a business that goes undocumented. Buyer Beware, this is scary and dangerous for our pets and our bond with them. These are NOt replaceable items, but living breathing creatures that have valuable beyond and unreplaceable.
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Based upon my singular experience with a veterinary malpractice case here in New Hampshire, I offer the following advice: 1. If you suspect you have been wrongly treated along with your pet, you probably have. Yes, get all copies of records immediately that pertain to your pet for his/her life. They cannot legally be with held in most states even if a "balance of moies is due" Read your state's veterinary malpractice act, be concise with charges, include copies of pertinent records, and fee agreements/contracts if any. Do not necessarily think a "full investigation" will happen, often it is a brief phone call or written follow-up. Save your specifics and witnesses if you should decide to go further. Do NOT become surprised nor devasted if your compalint is rebuffed & dismissed. State veterinary boards take the side of the licensee over the public, no matter what their motto is. 2.Seek out an attorney and/or expert witness, one is as difficult to find as the other. Consider small claims if the damages do not exceed the limit. I agree that having a lawyer is still wise. Pay attention to the statute of limitations, sometimes 2 years somtimes 3. 3. Do seek help if personal depression becomes invasive to your normal function and social interactions. To lose a pet is normal and has a grief proces. To lose a pet through negligence, malpractice or abuse compounds this grief and often can not be resolved. 4. There are a few advocacy & support groups online, one was mentioned : www.ForOurCompanions.com , a 501c3 non-profit group dealing with this very topic. 5. Do not ever be ASHAMED of what happened. You entrusted your pet to a LICENSED medical professional to do the best for your pet and YOU, with ethical treatment, honesty , and reasonable care. 6. DO NOT fall for the suggestion of what is "reasonable standard of care" in your local or state. If it is wrong ANYWHERE , it is wrong everywhere. Vets receive their education all over the country, not in isolation. They have a basic standard of knowledge and are duty bound to be HONEST and fair with the public: not lie, with hold information, or continue without "informed consent".
