Negligence

Question

Can I get a lawyer if there was a negligence made by her vet?

Answer

People who believe that their animal was harmed due to a veterinarian’s negligence can sue and can also make a complaint with the New York State Department of Education Office of the Professions. Some personal injury attorneys and animal rights attorneys will represent an aggrieved pet “parent” in a veterinary malpractice/negligence case but many will not do so on a contingency basis meaning they may charge a fee regardless of whether the lawsuit is successful (in large part because courts have not awarded significant amounts of money in these cases). Proving malpractice/negligence often requires the testimony of an expert. It can be difficult to find experts willing to testify in these matters and hiring an expert is an additional expense. People who are negligent and cause harm should be held accountable but courts in New York do not usually award money for emotional distress and loss of companionship when an animal is negligently harmed or killed (but there have been some exceptions). Rather, courts have typically considered expenses incurred in treating the injured animal and the “value” of an animal who died as a result of the malpractice/negligence.