By Elizabeth Holtz
Animal Legal Defense Fund
My dog died due to a veterinarians error. Do I have any legal recourse against them?
I’m so sorry for your loss. Losing a companion animal under any circumstance is extremely difficult, but you have the added stress of a potential lawsuit. Veterinary malpractice is essentially the same as medical malpractice, except the victims are animals. If a veterinarian hurts or kills your animal due to carelessness or negligence, it could be malpractice.
Sometimes the state veterinary licensing board may step in and sanction veterinarians deemed to have acted negligently. These sanctions can range from a fine to a suspension to license revocation. However, it’s important to note these sanctions are different from a malpractice lawsuit that you would file as an individual against a veterinarian. It’s also very rare for a licensing board to take this step.
If you believe your companion animal was harmed or killed due to malpractice, you can send a complaint to the state board. Again, it is unlikely that this will result in a revocation of the veterinarian’s license. But it’s important to create a track record, and perhaps other people have lodged similar complaints.
You can also sue the veterinarian. As with medical malpractice, the veterinarian and the patient’s guardian will often have very different versions of the events. For example, last year there was a clinic in Texas accused of malpractice after a young dog died during a routine spay — the clinic claimed that the dog had a rare reaction to the anesthesia, while the dog’s guardian alleged the dog was accidentally given euthanasia drugs. It takes time and resources to determine exactly what happened.
Before filing suit, you will need to consult a local attorney familiar with the laws in your state. This is not only because filing a lawsuit is a complicated process, but because damages — the amount of money you could receive — for these types of claims are historically low. Unfortunately, animals are classified as property under the U.S. legal system. Some courts will limit damages to the cost of “replacing” your animal with another animal. Even if you ultimately prevail on your claim, you could recover only a few hundred dollars, the equivalent of an adoption fee. That might not make sense for your family financially, considering court costs, lawyer fees, and the time you’ll need to commit to the process.
But things are starting to change. There have been cases involving the death of a companion animal where families have been awarded damages for emotional distress or even for the animal’s intrinsic value — recognizing our companion animals are so much more than their “economic value” and individuals cannot be replaced.
The Animal Legal Defense Fund is working to accelerate this change. We filed an amicus brief in support of a Florida woman who filed a malpractice lawsuit against a veterinarian after her dog died. She sought compensation for her dog’s intrinsic value, alleging the veterinarian waited more than four hours to begin surgery on him after he was diagnosed with gastric dilatation volvulus, also known as “bloat.”
While the case was dismissed, other cases have had more positive outcomes. For example, in Oregon, a man was awarded nearly $250,000, including $100,000 for emotional distress damages, after his dogs were shot and killed by hunters. And in Washington, a jury awarded a man $36,000, which included compensation for his dog’s intrinsic value, after a neighbor shot and killed his dog. Regardless of the laws or cases in your state, you’ll want to have a frank conversation with an attorney to determine whether a lawsuit, which will likely be time-consuming, expensive, and painful, is worth the resources.
You could also bring a case in small claims court. In small claims court, there is a maximum monetary limit that you can recover. This varies between states but ranges from $2,000 to $10,000. However, you do not need an attorney to represent you in small claims court — indeed some states actually prohibit you from using an attorney.
Again, I’m so sorry that you endured such a painful loss. Whether you ultimately decide to pursue legal action or not, I hope that you find peace and closure soon.
Elizabeth Holtz is Campaigns Manager at Animal Legal Defense Fund. Joining the Animal Legal Defense Fund is the fulfillment of a long-time dream for Elizabeth who went to law school for the sole purpose of protecting animals through the Legal System.
If you believe your companion animal was harmed or killed due to malpractice, you can send a complaint to the state board. Again, it is unlikely that this will result in a revocation of the veterinarian’s license. But it’s important to create a track record, and perhaps other people have lodged similar complaints.
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