The hard truth about veterinary malpractice is that it is just as hard to prove as medical malpractice. You need a solid basis of factual evidence to back up any claim of veterinary malpractice, and lack of proofs are often a hindrance. Here are some common misconceptions about veterinary malpractice that you should be aware of before undertaking any lawsuit.
Older Animals Frequently Have Many Health Issues
The older the animal was at time of death, the less likely you are to get a satisfactory result in such a case. Older animals can have other conditions present due to natural aging that could have exacerbated your pet's condition.
Vets Don't Cause Issues; They Diagnose Them
Most pet owners are unaware of their animal's sickness until it is diagnosed by a veterinarian. This tends to psychologically link the sickness in the owner's mind with the veterinarian, whether the pet owner is aware of it or not. This association has led to many false accusations.
Most Veterinarians are Animal Lovers
Remember that kid that loved animals at your high school? Chances are they are a vet or a veterinary assistant right now. Most professionals in the area of animal medical care are fanatical animal lovers themselves, not an enemy that you need to do battle with.
We All Make Mistakes; Don't Punish the Honest
If your vet has owned up to making a mistake with your pet, there is often no need to take it to the litigation level to get satisfaction. Chances are good that a vet who has owned up to a mistake is willing to make good by charging cost for the operation or better. If they have already made a good effort to make it up to you, you won't have a strong case in court.
Large Monetary Sums Not Awarded
While the loss of a pet companion is huge in terms of emotional grief, courts do not award large monetary sums for pain and suffering as they may do in a case of medical malpractice. In most states including New Jersey, pets are assigned a value as property. In fact, loss of companionship damages are not even awarded in the death of a human family member. While it may feel horrible if you have lost a pet due to genuine malpractice, the best you can hope to receive in compensation is a nominal award for the monetary value of your pet with a possible enhancement for your pet’s “intrinsic value.”
If your pet survived the malpractice with ongoing health issues that will require future treatment, you might be entitled to monetary compensation.
A Good Case Can Win, But It Takes Money
Proving malpractice requires the testimony of an expert witness to establish negligence and a causal relationship between the negligence and the loss or injury. New Jersey courts will dismiss any complaint that is not backed up by a filed, sworn statement from another veterinarian that says your case has merit. At trial, you will also need the live testimony of your expert veterinarian witness. The expert witness must be compensated in advance.
If you lost your pet, you will also need a necropsy (like an autopsy) to prove the cause of death. If your companion animal was cremated or buried, you will be lacking this important element of proof.
While pet advocate lawyers and sympathetic medical experts tend to undercharge for their services, you are still paying them by the hour and you will be up against an attorney with ample funding from an insurance carrier, who will fight vigorously to defend the veterinarian. Most states do not compensate you for the legal fees you incur in the malpractice suit.
These factors make veterinarian malpractice cases difficult to pursue without the plaintiff going significantly out of pocket.
Contact our offices today to see what you can do if you think you have a veterinary malpractice case. Our veterinary malpractice lawyers can walk you through all of your options and make sure you have enough information to make an informed decision.