NABR Animal Law §ection - Veterinarian Malpractice

Medical malpractice suits are commonly in the news and generate significant media coverage, but now animal rights lawyers are actively pursuing ways to file suits against veterinarians for malpractice. There have been veterinary malpractice cases in the past, but they are usually held in small claims court, with damages limited to the replacement cost of the animals because dogs are considered property under the law. Animal rights lawyers are now hoping to expand the amount that courts have awarded for malpractice by pushing for the consideration of non-economic damage awards, that they say reflect the "true" value that pets have. They are enjoying some success. A California man who sued his dog's veterinarians for loss after his dog died under their care was awarded $39,000 in February 2004 for the dog's "special value." The ruling is being appealed, but there are reports that malpractice insurance rates for veterinarians are on the rise.

NEWS ARTICLES

Growing trend of pet law gives animals their day in court
Chicago Tribune, June 29, 2005 - Today, people are seeking out lawyers like Chicago's Amy Breyer who specialize in the growing field of animal law and will pursue cases such as veterinarian malpractice, animal abuse or landlord-tenant issues with as much aggressiveness and skill as any other type of legal claim. And as the animal law landscape grows, so do questions about where it's headed and what pet owners can or should do.
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Is your pet entitled to his day in court? The answer: Maybe.
Chicago Tribune, June 5, 2005 - In every court system, animals have been considered property. But animal advocates and attorneys along with their clients are making headway in getting the legal system to recognize what society increasingly believes: Animals are more than just property. They're like family.
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When pets die at the vet, grieving owners call lawyers
USA Today, March 14, 2005 - The patient had dental surgery, there were complications, and he died. Now his family members are accusing the doctor of negligence and claiming that the episode caused them emotional distress. It's a typical medical malpractice case — except in this 3-year-old dispute, the patient was a sheepdog named Lucky.
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Veterinarians in the Doghouse
Richard L. Cupp, Jr. and Amber E. Dean
The Brief, Spring 2002
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ALDF on Veterinary Malpractice
The Animal Legal Defense Fund (ALDF) Web site includes a section instructing pet owners and lawyers how to pursue veterinary malpractice claims. The site states the following:

"One of the most frequest 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."

Full article at: ALDF Legal Information

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Law Review Articles

Recovery of ‘Non-Economic’ Damages for Wrongful Killing or Injury of Companion Animals: A Judicial and Legislative Trend
Sonia S. Waisman & Barbara R. Newell
7 Animal L. 45 (2001)
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Recovery of Common Law Damages for Emotional Distress, Loss of Society, and Loss of Companionship for the Wrongful Death of a Companion Animal
Steven M. Wise
4 Animal L. 33 (1998)
Read the article (pdf)

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FEDERAL LEGISLATION

(current congressional session)
Bills Introduced
New Laws Enacted
Private Right of Action &
Standing under AWA

STATE ACTIVITIES

Animal Cruelty
Ownership v. Guardianship
Personhood for Animals
Pet Custody Disputes
Pet Trusts

Tort Law
Overview
Non-Economic Damages
Emotional Distress
Loss of Companionship
Primary Interests of a Chimp
Veterinarian Malpractice

Ballot Initiatives
Summary

EDUCATION

Dissection

Law Schools
Animal Law Courses
Student Groups

BAR ASSOCIATIONS

American Bar Association
State Bar Associations
Local/Regional Bar Associations

RESOURCES

News Articles
Law Review Articles
International Trends
Events
Quotes
Bibliography
Advocacy Links