VETERINARY MALPRACTICE - INJURY AND DEATH
When we need to take care of our pets, we place our trust in Veterinarians to diagnose, treat, and care for our animals. While the laws currently do not view animals as family members, we know we do, and we trust vets no different than human doctors for ourselves and our loved ones. The question most people have though, is what if we think, or we know, our veterinarian made a mistake that ended up hurting your beloved pet? Well, the short answer is.... you have remedies!
There is a much different level of scrutiny that one must face in Veterinarian Malpractice cases, but you have a number of different of action available if your pet was injured or killed due to veterinary malpractice.
In Massachusetts, you can send a M.G.L. Ch. 93A letter for consumer protection, along with the Malpractice claims.
You can then file a lawsuit against the Veterinarian for damages. A lawyer, such as Attorney Teper, can negotiate a settlement or bring a lawsuit to trial.
You can send a complaint to your state veterinary licensing board. State licensing boards have the power to suspend or revoke a veterinarian’s license, although this rarely happens.
Historically, recoveries for veterinary malpractice claims have been low, but that is beginning to change. Under current law, an animal is viewed as an item of personal property and some courts limit recovery to the cost of replacing the companion animal with another animal. Some courts are coming to recognize that a "pet" or companion animal is unique and cannot simply be replaced. These courts are beginning to permit larger recoveries that take into account an animal’s intrinsic value, not just their economic value. In Massachusetts, we push and strive for this to become a reality each time we file motions within the court.
Attorney Teper has been successful in negotiating settlements for Vet Mal that have not required the need to go to trial. While results like this are never guaranteed, Attorney Teper does his best to get the best outcome possible!
Veterinary Malpractice
In most states, pets are considered property, except in cases of animal cruelty. In such cases, victims (Pet owners who have had their pets wounded or killed) are entitled to damages (compensation) for, generally, only the market value of the animal, as well as other damages that might have occirred due to the incident at hand. The market value of an animal is considered the cost of replacing the animal with a new one. The Courts generally look at how much you paid or the species, age, training and other special circumstances involving your pet, like was your pet an award winning show dog? or a tv dog? The love and affection we have for our pets should not be measured by the market value alone. Emotional distress is also an important factor in these cases, although the Court doesn't always allow it. Attorneys have been attempting to get the value of our beloved pets recognized and increased through legislation, and Attorney Teper now joins them in the pursuit of this endeavor.
Veterinary malpractice and negligence is no different than human medical malpractice: where a veterinarian fails to meet the minimum standard of care expected of them, potential claims may arise. Veterinary malpractice occurs when a veterinarian causes harm to an animal as a result of negligence. Contact Teper Legal, PLLC by phone or email today for a free consultation to discuss whether you have a viable claim to pursue in court!