What is Veterinarian Malpractice?
When is a veterinarian liable for malpractice on an animal that they treat?
Greg Lynnville, South Carolina
Greg, for an animal owner to recover damages for injury to an animal, in an action based on malpractice, all the following elements must be proven;
(1) The vet was under a duty of care toward the animal in question and had accepted the responsibility to treat the animal.
(2) The actions or nonactions of the veterinarian did not conform to the professional standard of conduct.
(3) The failure to conform to the professional standard was the proximate cause of the injury or harm at issue.
(4) The injury or harm resulted in damages to the plaintiff and not just the animal.
According to David S. Favre of Michigan State University:
"Veterinarians are under no legal duty to treat an ill or injured animal. The decision whether or not to provide a service is an individual decision. A decision to not provide treatment is not malpractice. One case suggests, however, that professional ethics may require some level of attention in emergency situations, but this does not give rise to a legal cause of action. Once the decision to treat an animal is made, the veterinarian has a duty to continue to treat or at least inform the owner of his or her decision to stop treatment of the animal in question."
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