In Defense of Our Pets: A Guide to Veterinary Malpractice Lawsuits

As pet owners, we love our furry friends and consider them part of our family. When our pets get sick or hurt, we rely on veterinarians and clinics to take care of them. But what if they don’t do their job properly, and our pets are harmed because of their negligence? 

It can be tough to know what to do in such situations, especially when we’re upset and worried about our pets. This guide aims to help pet owners like you understand the steps to take before considering legal action in the case of veterinary malpractice. We want to empower you with the knowledge and resources you need to advocate for your pet’s well-being and ensure that veterinary professionals do their job properly. 

Step One: Talk to the Clinic or Veterinarian

Before considering legal action for suspected veterinary malpractice, you should express your concerns directly to the clinic or veterinarian. 

Inform the clinic or veterinarian about the suspected error or failure to provide quality care. Approach the discussion calmly and respectfully, expressing specific concerns about the care provided to your pet. 

Most clinics will try to resolve disputes informally before escalating the situation. This could involve additional medical care or compensation for any errors.

Step Two: Make an Insurance Claim

Veterinarians typically have professional liability insurance to cover claims of negligence or malpractice. This insurance helps cover legal fees and settlements related to such claims. Once you inform them of your claim, the veterinarian may report the incident to their insurance provider, triggering an investigation and beginning the negotiation process.

Investigation: Upon receiving a complaint, the insurance company typically investigates the allegations. This investigation may involve reviewing medical records, obtaining statements from involved parties, and consulting with veterinary experts to assess the validity of the claim.

Offering a Settlement: After completing their investigation, the insurance company may offer a settlement to resolve the matter. This settlement could include compensation for any damages incurred as a result of the alleged malpractice, such as the costs of the original procedure and any follow-up care.

Step Three: Obtain an Outside Review

Before proceeding with a veterinary malpractice case, you must have an independent expert veterinarian review the case and certify that there was potential malpractice. This is called the Certificate of Review. This certificate serves as evidence that your attorney has consulted with a veterinary expert and believes there are valid grounds for pursuing legal action.

In their review, the expert will investigate the circumstances surrounding your pet’s care, analyze medical records and diagnostic tests, and consult with your attorney to evaluate the legal implications of any identified deviations from the standard of care according to Colorado professional veterinary laws, regulations, and guidelines. 

There are several avenues through which you can obtain the required expert review:

• Follow-Up Veterinarian: You may ask another veterinarian, such as a follow-up vet or a member of the local veterinary community, to provide an expert opinion. However, it’s important to note that veterinarians may be hesitant to testify against their peers due to professional relationships.
• Nonprofit Organizations: Nonprofit organizations or advocacy groups may offer expert veterinary review services to consumers seeking assistance with potential malpractice cases.
• Hiring an Independent Expert: In many cases, your attorney will hire an independent veterinary expert to conduct the review. While this option typically involves a cost, which can amount to around $2,500, it ensures that you receive a thorough and unbiased assessment of your case from a qualified professional and ensures that expert can testify on your behalf.

Step Four: Evaluate the Settlement Offer

After the insurance company investigates your claim, it will send you a letter with its initial decision. If it finds potential negligence, it may offer to settle the dispute without going to court. Before you accept, consider the extent to which it addresses your financial losses, the likelihood of success in pursuing further legal action, and the emotional toll of continuing the dispute. 

Settlement offers typically aim to compensate you for damages incurred as a result of the alleged malpractice. This may include reimbursement for the original cost of the veterinary procedure, emergency room visits, any necessary follow-up care for your pet’s condition, and the cost of a necropsy if applicable.

It’s important to recognize that certain types of damages, such as lost wages and emotional distress, may be challenging to recover without evidence of intentional misconduct on the part of the veterinarian. While the loss of a pet can be emotionally devastating, compensation for emotional damages may be limited in veterinary malpractice cases. In most cases, each party is responsible for paying their own legal fees, regardless of the outcome.

Ultimately, the decision to accept or reject a settlement offer should be based on what is in the best interest of you and your pet.

Expert Advice for Your Veterinary Malpractice Case

Our goal is to help you seek justice for your pet and hold those responsible accountable for their actions. We believe that by standing up against veterinary malpractice, we can work towards a future where our furry friends receive the quality care they deserve.

We can provide a case evaluation or help you evaluate a settlement offer.

Schedule your free consultation today.

See this related article:  Summary of Our Firm’s Services in Veterinary Malpractice Cases.