Understanding Your Rights in New York Veterinary Malpractice Cases

Learn the actionable steps you can take if your veterinarian commits malpractice, including alternatives to filing a lawsuit

Almost 50 percent of New York households own at least one pet, according to the American Veterinary Medical Association. There are 600,000 dogs and 500,000 cats in New York City alone. 

Pets, like people, need medical care when they get sick or injured, leading households to spend about $300 per year on veterinary services. 

Most visits to the vet are routine and uneventful. But what happens when a veterinarian makes a mistake, and your pet ends up worse off than when they arrived?

When is a veterinarian liable for malpractice in New York?

Just because your pet was injured or even died while in the care of a veterinarian doesn’t mean your veterinarian is liable for malpractice. Some injuries are unavoidable or necessary to prevent more severe harm. 

To prove that a veterinarian committed malpractice, you must establish two key elements:

• The veterinarian failed to exercise the degree of care and skill expected of a reasonable veterinarian, and
• The failure was the cause of your pet’s injury or death.

A veterinarian's decisions and actions are evaluated against what a reasonably skilled veterinarian in a similar situation would have done. For example, consider a situation where a veterinarian fails to diagnose cancer in a dog exhibiting certain symptoms. The key question for the jury is whether a competent veterinarian would have made the diagnosis under similar circumstances.

It’s not enough to prove that your veterinarian acted unreasonably. You also need to prove that your veterinarian’s unreasonable actions were the direct cause of your pet’s injuries. This is not as simple as it may sound. Consider the following example:

Signs your veterinarian committed malpractice

It's easy to assume your veterinarian did everything correctly. After all, they are the experts, and you likely don't have a medical degree. However, it's important to recognize that even experts can make mistakes. 

Here are some signs that may suggest your veterinarian's actions or inactions fell below the required standard of care:

• Lack of communication: A veterinarian who doesn't provide clear explanations, fails to discuss treatment options, or avoids answering questions may not be fulfilling their duty to inform and involve you in your pet's care.
• Lack of diagnostic testing: If your veterinarian dismisses symptoms without conducting appropriate tests or fails to refer you to a specialist when needed, this may be a red flag.
• Treatment results in unexpected complications: While not all adverse outcomes are due to malpractice, complications that arise unexpectedly or from routine procedures might warrant further investigation.
• Signs of improper care or neglect: Unexplained injuries, infections, or deteriorating conditions following a visit to the vet could indicate poor practice or neglect.
• Discrepancy in diagnosis: A significantly different diagnosis from a second veterinarian, especially for conditions that should have been apparent, can suggest the first vet missed or ignored critical signs.

Common defenses to veterinary malpractice claims

Beyond debating whether the veterinarian acted reasonably or whether their actions directly caused your pet's injury, veterinarians or their insurers might use specific legal arguments:

• Statute of limitations in New York: This is a state-specific rule setting a deadline for filing a lawsuit. In New York, plaintiffs must file a lawsuit within three years of the date of malpractice. Missing this window means—in most cases— losing the right to sue. 
• New York’s good Samaritan Law: In some instances, if a veterinarian provides emergency aid to an animal at an accident site, New York law may protect them from being held liable. This protection, known as the Good Samaritan law, aims to encourage professionals to offer immediate assistance without fear of legal repercussions.

What damages are available in veterinary malpractice cases?

To understand the compensation available in veterinary malpractice cases, let’s first take a look at the types of damages typically available in New York civil lawsuits:

1. Economic damages represent the monetary losses caused by the defendant’s actions or inactions (medical expenses, property damage, etc.).
2. Non-economic damages represent the non-monetary losses caused by the defendant’s actions or inactions (pain and suffering, emotional distress, loss of companionship, etc.).
3. Punitive damages are intended to punish the defendant and deter similar behavior.

The unfortunate reality is that pets are considered property in New York, meaning owners of injured or deceased pets are typically limited to recovering the following damages:

• The fair market value of the pet if the pet dies (i.e., what it would cost to buy a similar pet on the open market), or
• The medical expenses incurred for treating the injuries caused by the veterinarian’s malpractice.

Simply put, you won't be compensated for the emotional distress caused by the veterinarian's actions. Additionally, if your pet passes away, you can't claim compensation based on your pet's personal value to you. Instead, you're only entitled to your pet's fair market value, which is the cost of purchasing a similar pet. As a result, most pet owners don’t pursue veterinary malpractice claims unless they have a high-value pet, such as a show dog.

Steps to take if your veterinarian may have committed malpractice

Finding out your pet might have been injured by your vet can be very upsetting. It's important to remain composed and follow these steps to improve your chance of obtaining compensation for both you and your pet:

1. If it's safe to do so, remove your pet from the care of the vet responsible for the potential malpractice.
2. Document your pet's injuries with photos.
3. Seek a second opinion by taking your pet to a different vet for an assessment (if your pet has passed away, find a professional who can ascertain the cause of death).
4. Request your pet's complete medical records from the vet in question.
5. Write down everything related to the incident, including conversations with the vet, any staff involved, and other details.
6. Consult with a lawyer to explore your legal rights and options.

How to find out if a veterinarian has been accused of malpractice in the past

Although a past accusation of malpractice doesn't guarantee that a veterinarian will commit malpractice again or be convicted if you sue, their history can be telling. Consider the troubling case of Oregon veterinarian Dr. Daniel Koller, who pet owners continued to use despite a history of being sued numerous times by customers, employees, and regulators.

Here are some steps you can take to ensure the veterinarian you choose doesn’t have a history of complaints:

• Check the veterinarian’s disciplinary history: In New York, pet owners can search for veterinarians by name and review their disciplinary history using the New York State Education Department’s Office of the Professions website. 
• Shop around: Compare different veterinarians and their reputations.
• Ask questions: Inquire about the veterinarian's experience, approach to treatment, and past issues.
• Request a tour of the facility: A well-maintained and transparent clinic often reflects good practice standards.
• Get a Second Opinion: If you have doubts about a diagnosis or treatment, consult another veterinarian for their perspective.

Can I file a complaint against a veterinarian without filing a lawsuit?

Yes, you can file a complaint against a veterinarian in New York without suing. Here are your options:

• NYSVMS complaints process: If your main objective is to have your complaint heard and reviewed with your veterinarian, you can file a complaint with the New York State Veterinary Medical Society (NYSVMS). This service is available only if the veterinarian is a member of the association. More information can be found on the NYSVMS website.
• NY State Education Department (NYSED): If you seek official disciplinary action for possible malpractice or unprofessional behavior, or if the veterinarian is not a member of NYSVMS, you can register a complaint with the NYSED's Office of Professional Discipline (OPD). This agency can investigate and impose penalties. Note that once you file a complaint with NYSED, you cannot use the NYSVMS complaints process. More information about NYSED investigations and previous enforcement actions can be found here.

Pets are part of the family, and it's natural to want to seek justice if they’re harmed by a veterinarian. By keeping this information in mind, you'll be better equipped to take the necessary steps to protect your pet and address any malpractice issues.