Suing vets rarely pays
Dear Lawyer,
Due to what I believe to be an improper diagnosis and negligent treatment by a veterinarian, my beautiful dog Sandy died after surgery at only 2 years of age. I am just devastated by the loss. Is there anything I can do legally? I don’t think it is fair for the doctor to simply walk away from this. — Angry and Sad
Dear Angry and Sad,
First, let me express my sympathy for the loss of your beloved dog. It is never easy to lose one’s canine pal.
In my experience, most veterinarians are dedicated, knowledgeable professionals who care greatly about the well-being of their patients. However, gross negligence does occur. When humans are harmed through medical malpractice, a personal injury or wrongful death lawsuit can be filed, and the potential judgment can be millions of dollars. This is not the case for companion animals, whose lives are given little legal value.
The first thing you should consider after obtaining your dog’s medical records is getting a second veterinary opinion about whether proper care was provided to Sandy. Without expert support, your suspicions will not go very far.
You can also file a complaint against the veterinarian with the New Mexico state veterinary licensing board, which is required to investigate your claims and could suspend or revoke the vet’s license, though this rarely happens. You can also demand that your county veterinary medical association investigate—but it is not obligated to do so.
Confidential online rating services like Angie’s List give you the option of making public your opinion about the veterinary care that Sandy received. But be careful to stick to the facts and to clearly state your opinion. Spreading unfounded rumors about a veterinarian’s professional training or ability could result in a slander or libel suit against you!
Finally, you can always go to court, but this rarely results in satisfactory vindication where companion animals are concerned. Virtually all district courts consider animals as property, which limits recovery to the cost of replacing the animal with another of the same age, health status, and breed. Keep in mind that lawyers do not offer contingency agreements for veterinary malpractice, so you would likely have to pay attorneys’ fees. This would almost certainly amount to more than any court award. And without expert testimony (an added expense), there is little likelihood you would prevail.
Alternatively, you could pursue a claim in your county’s Small Claims Court, but the recovery will be limited to out-of-pocket expenses, such as the fee you were charged by the veterinarian. You would still need some type of expert opinion to support your allegations.
It is only recently that courts in some states have begun to recognize companion animals as unique and not interchangeable, allowing awards for “sentimental value,” such as that attached to a family heirloom. Astounding monetary awards are starting to pop up in cases of wrongful death of pets. A city police department paid over $27,000 for the wrongful shooting of a dog by an officer pursuing a suspect. A $45,000 settlement was reached in Seattle after a cat was mauled by the neighbor’s dog. And a $65,000 judgment was rendered against a cleaning company after an employee let a dog out of the house and left the animal to die after being hit by a car.
Hopefully, as society continues to elevate the legal status of animals, courts will begin to render judgments that reflect how important these companions are in our lives.
Ed Goodman worked for more than two decades as a trial lawyer in Massachusetts. A painter, screenwriter, and novelist, he lives in Corrales with partner Ennio Garcia-Miera and their six dogs, four turkeys, four chickens, and a parrot.