Northeast Iowa Farm Law | Follow the laws or follow the consequences

sue,

Blog

Vetting the Veterinarian Case

It is easier to use a vet you trust or find somebody who can give you a referral to a good vet than it is to sue a poorly performing vet. If the animal is valuable enough to sue over, insure it. When considering a lawsuit against a veterinarian, here are some things you should consider:

Veterinary malpractice cases are difficult for plaintiffs for two main reasons:

1) It is hard to find a veterinarian who will testify against another veterinarian; and
2) Animals are personal property.  You can’t usually cannot recover pain & suffering   or damages based on the sentimental value. That takes the wind out of most plaintiff’s cases right away.

The burden of proof in a veterinary malpractice action is always on the plaintiff.  
The plaintiff must prove:

1)      A veterinarian’s acts or omissions failed to meet the standard of care;
2)      Acts or omissions were negligently performed;
3)      Negligently performed acts or injuries caused the animal’s injury or death; and
4)      As a result, the plaintiff was damaged.

The professional duty of a veterinarian usually begins with obtaining a history of the animal (which assistants can be used to develop) and  a physical examination. The veterinarian is required to use professional leaning, skill, and care, beginning with the initial contact, the diagnosis of the problem, the decision and execution of treatment and follow-up care.  

In obtaining permission for treatment, there should be disclosure of the risk of the treatment or drugs. However, in one case where a horse died within fifteen minutes of being injected with a drug, the court held that there was no duty to disclose or warn when the odds of a lethal out come were 1 in 25,000. I think people bet on horses to win races with worse odds.

Scroll to Top