Equine Law Blog
Not every claim against a veterinarian is really a claim of veterinary malpractice. A small number of cases involving veterinarians are more appropriately brought as a claim of ordinary negligence on part of the veterinarian or the staff.
A case of veterinary malpractice requires a plaintiff to prove a legal duty to be performed by the veterinarian for the animal at issue; the veterinarian’s breach of that duty; causation – that the breach caused the animal’s injury or death; and damages sustained as a result of the veterinarian’s breach. The plaintiff bears the burden of proof on each of these elements.
In an interesting case from California, a horse became injured at a veterinary clinic while using a treadmill, and the owner sued. In defense, the veterinarian, argued that the plaintiff was required to have expert testimony and that the case was really one of veterinary malpractice, not a case of ordinary negligence. The court held that the action was one of ordinary negligence, not veterinary malpractice so the plaintiff was relieved of the burden of retaining an expert witness as to the veterinarian’s alleged liability.
The case was: Moses v. Richardson, 2001 WL 1513764 (Cal. App. 2001).
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 ...
