Equine Law Blog
Veterinary malpractice cases are filed far less frequently than medical malpractice cases. Why? The tremendous expense and effort associated with malpractice cases often prompts people to take no legal action, purely out of economic concerns. Also, the law looks at animals, and their values, in a different way than animal enthusiasts do; as a result, almost every state will award significantly less if the case involves veterinary malpractice than it would award if the matter involved an injured human.
Winning a veterinary malpractice case requires proof that:
- The veterinarian had a legally recognized duty to handle a professional matter in a certain way.
- The veterinarian breached (departed from) that duty. Almost all veterinary malpractice cases will require expert witness testimony of a qualified veterinarian to prove this component.
- The veterinarian’s wrongful conduct, and not some other reason, caused the horse’s demise or devaluation.
- The sum of money lost as a result of the malpractice (damages). Damages in a veterinary malpractice action can include the horse’s fair market value or decrease in value, lost profits and others. In the overwhelming majority of states, you will not recover your attorney fees or “pain and suffering,” even if you win. A qualified expert, sometimes an equine appraiser, might need to prove the animal’s value.
In addition, or as an alternative, to a malpractice case, a horse owner might be able to file a complaint with the state board that regulates and disciplines veterinarians or has the power to control or suspend their licenses. These proceedings may not compensate you for your loss, but if successful they could result in a taking away the veterinarian’s license.
If you have any thoughts or questions about veterinary malpractice in the equine industry, please get in touch with me.
ShareholderJulie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. She has successfully tried equine cases before juries in four states. A frequent author and speaker on legal issues, she has written ...
