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."
Changing Monetary Evaluations for your Pet
I recently found another good article in a long line of posts on the changing face of the law regarding the evaluation of pets.
There is an excellent piece by Peter Lewis on MSN Money that reviews the changing attitude of society and the value of their pets as companion animals.
We have cited on numerous occasions the informative and helpful site of the nonprofit Animal Legal Defense Fund.
The ALDF promotes the study of animal law in law schools and funds and files friend-of-the-court briefs on behalf of animal cases.
Mr. Lewis writes about the good work of the Fund;
It cites studies showing that:
* 45% of dog owners take their dogs on vacation.
* More than half of "companion animal" owners would prefer a dog or a cat to a human if they were stranded on a deserted island.
* 50% would be "very likely" to risk their lives to save their companion animals.
Mr. Lewis also provides some interesting issues on the evolution of malpractice actions against veterinarians.
Read the rest of the article here and find out more about the direction of the law.
Include your Veterinarian in your Estate Plans for Your Pet
Certainly, your own family members, the potential trustee and the potential caretakers of your pet must all be in accord with your plans and wishes.
Your estate attorney and financial planer also need to be involved to make sure that your documents conform to the legal and financial standards.
But, don’t forget to meet with your Veterinarian.
Very few individuals have the same insight about the health and well being of your animal as your pet’s own Vet.
A discussion with him or her during your estate planning process can assist greatly.
Medical records and the future potential needs of your pets can be outlined for the caretakers.
Special dietary schedules or exercise or medication routines can be easily established for future reference.
You and your Vet can discuss the potential time line for the duration of the life of your pet. This can provide some guidelines for the total costs that will be necessary for the care of your pet and the necessary funding of the Pet Trust.
Your Vet can also play an integral role in the transfer of physical custody of your pet to the caretaker on a temporary or permanent basis and is indispensable when the final arrangements must be made for inevitable death of your pet.
Talk to your Vet on behalf of your pet.
It is a necessary part of your overall estate plan..
You are responsibile for your Pet's medical care
If you are like most pet owners in the United States, you treat your pet more like a family member than an animal.
If you are willing to allow your pet to sit with you on your sofa (or lap) to watch television, eat from your plate during meals and sleep in your bed, you are among the majority of pet lovers.
Don’t forget then, that these same pets need your protection and help in other areas and many individuals have prepared Medical Power of Attorneys for their Pets to be used in an emergency situation. Most pet owners regularly and confidently use their local veterinary for medical care and prevention.
However, one couple in Naples, Florida is claiming that a routine trip to the veterinary has turned into a legal nightmare. Naples couple sues vet.
Nancy Hamerling of Naples says she took her 5-year-old Maltese dog (Jake) to a vet for an examination and rabies shot and never got him back.
Three days later, she learned that Jake had been put up for adoption and was gone. Employees at the clinic, however, contend Jake never had an appointment and their office was used only as a place to surrender the dog to a nonprofit adoption group that works with one of its employees.
Hamerling and her husband, Robert, have sued the clinic to get Jake back. A woman, who works at the clinic, said that the Hamerlings brought their dog in and asked how to place him up for adoption because they were moving to a condo that did not allow pets; the Hamerlings deny they’re moving.
According to the Principles of veterinary Medical ethics of the American Veterinary Medical Association. Veterniary Medical Ethics, the veterinarian-client-patient relationship is the basis for interaction among veterinarians, their clients, and their patients…exists when all of the following conditions have been met:
The veterinarian has assumed responsibility for making clinical judgments regarding the health of the animal(s) and the need for medical treatment, and the client has agreed to follow the veterinarian’s instructions.
The veterinarian has sufficient knowledge of the animal(s) to initiate at least a general or preliminary diagnosis of the medical condition of the animal(s). This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal(s) by virtue of an examination of the animal(s), or by medically appropriate and timely visits to the premises where the animal(s) are kept.
The veterinarian is readily available, or has arranged for emergency coverage, for follow-up evaluation in the event of adverse reactions or the failure of the treatment regimen.
Other ethical policies of the AVMA state that veterinary medical records are an integral part of veterinary care and that the records must comply with the standards established by state and federal law. The medical records are the property of the practice and the practice owner. The original records must be retained by the practice for the period required by statute. Ethically, the information within veterinary medical records is considered privileged and confidential. It must not be released except by court order or consent of the owner of the patient. Veterinarians are obligated to provide copies or summaries of medical records when requested by the client and should secure a written release to document that request.
According to the Humane Society of the United States, Humane Society , the best way to find a good veterinarian is to ask people who have the same approach to pet care as you. Start with a recommendation from a friend, neighbor, animal shelter worker, dog trainer, groomer, boarding kennel employee, or pet sitter. Check the Yellow Pages under "Veterinarians" and "Animal Hospitals," where important information may also be provided about hours, services, and staff. You can also search for veterinarians in your area at Pets 911.
You should treat a trip to the veterinarian, just as you would a trip to any other physician, whether for you or another family member. You may learn to rely on their judgment and trust them.
But understand your responsibility to your pets regarding their diagnosis, medications and treatment. You need to speak on their behalf.
Medical care is just another piece of the puzzle that completes the picture of the planning for your pet’s future
