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by
Kenneth D. Ross & Thomas Kanyock
Reprinted courtesy of the Animal
Legal Defense Fund
ONE
OF THE MOST FREQUENT requests for assistance that ALDF receives
is from people whose companion animals have suffered injuries,
or even death, and who fear that negligence by their veterinarian
was the cause.
If
you suspect that your companion animal was injured by veterinary
malpractice, there are several things that you can do.
First,
send a complaint to your state veterinary licensing board.
This is a state agency, usually located in the capital, whose
duties include the investigation of allegations of wrongdoing
by veterinarians, including malpractice. State licensing boards
have the power to suspend or remove a veterinarian's license,
although this rarely happens.
Your
complaint to a licensing board should be short, should fully
identify all of the parties, and state the facts as you know
them. Demand that the licensing board investigate your complaint
and notify you of the results. A few weeks after you mail
the complaint, call the board and confirm that they received
it and have started the investigation. It is important that
all licensing boards receive valid complaints and encouragement
to monitor the practitioners in their state.
In
addition, a complaint should be sent to the veterinary medical
association in the county where the veterinarian practices.
Again, demand an investigation and response. In some areas,
the county veterinary association is not listed in the telephone
directory. You can locate the mailing address by calling any
veterinary clinic and asking for it.
A
second approach to veterinary malpractice is hiring a lawyer
to negotiate a settlement, or to bring a lawsuit.
The
biggest problem with bringing a lawsuit is that, even if you
win, you usually do not recover very much money. In this country,
an animal is viewed as an item of personal property, and most
courts limit recovery to the cost of replacing the companion
animal with another animal. Because of the low potential for
a large recovery, most lawyers are unable or unwilling to
take veterinary malpractice cases on a contingency basis,
and it is possible that the pet owner would invest more money
in legal fees than can be recovered.
On
the other hand, courts have recently begun to realize that
a companion animal is unique and cannot simply be replaced.
Courts are beginning to permit owners to recover the "reasonable
sentimental value" of the companion animals to the individual
owners, as long as the sentiment is not "excessive"
or "maudlin." This can increase the potential recovery
from a few hundred dollars, to perhaps a few thousand.
If
you are not able to afford a lawyer, then consider going to
small claims court, where you can represent yourself. In small
claims court, recovery will be limited to "out-of-pocket"
expenses. This includes only the money you lost already as
a result of the malpractice, and does not include loss of
your companion animal's sentimental value. In any lawsuit,
you will still be required to secure expert testimony as to
what act of negligence the veterinarian committed.
Finally,
you must understand that neither complaining to the state
veterinary licensing board, nor filing a lawsuit, will alleviate
the sense of loss that you feel. You must allow yourself to
grieve fully. Check with your local humane society to see
whether they offer grief counseling sessions, or talk with
other owners who have lost their beloved animals.
Kenneth
Ross and Thomas Kanyock are attorneys in private practice
in Chicago, Illinois and have handled numerous veterinary
malpractice matters. Mr. Ross is on the ALDF Board of Directors.
THE
BEST WAY TO PROTECT your companion animal is to know your
rights and the veterinarian's duties. Here are some major
points to remember:
1.
Seek out a qualified, competent, and caring veterinarian.
2.
Do not be reluctant to seek a second or even third opinion
regarding the diagnosis of your companion animal. There are
specialists for animals just as there are for humans.
3.
Monitor your companion animal's stay at the hospital or clinic.
Ask questions if you do not understand what services the veterinarian
is tendering. Trust your common sense.
4.
If you suspect malpractice, immediately seek an independent
and confidential second opinion. If your animal has died.
preserve the remains and quickly take the body to another
veterinarian (preferably a college of veterinary medicine)
for a necropsy to determine the cause of death.
5.
Request all medical records regarding treatment, including
x-rays if taken.
6.
If you have received a second opinion that supports your concern
about malpractice, immediately seek expert legal advice.
7.
The Animal Legal Defense Fund offers a packet of information
designed to assist those who suspect veterinary malpractice.
In order to receive this packet, please call or email the
national office and leave your name and mailing address. Please
note that the Animal Legal Defense Fund (ALDF) is a national
nonprofit organization not affiliated with the Animal Defense
League of Arizona (ADLA). You will need to contact the ALDF
directly for this information packet.
Animal
Legal Defense Fund
170 East Cotati Avenue
Cotati, CA 94931
Phone: (707) 795-2533
Fax: (707) 795-7280
E-mail: info@aldf.org
If
your companion animal has died, please accept our sincere
condolences on the loss of your friend. For more information
about pet loss/grief support, please visit the Companion Animal
Association of Arizona's website at http://www.caaainc.org/.
In
Tucson, there are two pet loss/grief support groups:
Tucson
Community
Pet Loss Support Group
Free weekly support group
(520) 885-6026
fgibbs@dakotacom.net
Humane
Society of Southern Arizona
Pet Loss Support Group
Twice monthly support group
(520) 603-8319
http://www.humane-so-arizona.org/partner_grief.htm
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