Washington Veterinary Malpractice Guide

Malicious harm to pets can lead to emotional distress damages

Our pets are more than just animals; they're beloved family members. So, what happens when they suffer harm while under the care of a veterinarian?

Unfortunately, the consequences of such incidents aren't always as serious as they should be. But that doesn't mean a veterinary malpractice case isn't worth pursuing.

Understanding Washington's veterinary malpractice laws can empower you as a pet owner, giving you the knowledge you need to protect your pet and pursue justice when necessary.

When is a veterinarian liable for malpractice?

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 inevitable or necessary to prevent more serious injuries.

To prove that a veterinarian committed malpractice, you need to establish the following two elements:

1. The veterinarian failed to exercise the degree of care and skill expected of a reasonable veterinarian, and
2. 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. Consider a situation where a veterinarian fails to diagnose heartworms in a dog that was showing 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 caused your pet’s injuries. This is not as simple as it may sound. Consider the following example:

Signs your veterinarian might have committed malpractice

Detecting veterinary malpractice can be challenging, but there are signs that may suggest your veterinarian's actions or inactions fell below the required standard of care. 

Here are some key indicators to watch for:

• Lack of diagnostic testing: If your vet dismisses symptoms without conducting appropriate tests or fails to refer you to a specialist when needed, this could be a red flag.
• Inconsistent or inadequate 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.
• 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 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.

Defenses to veterinary malpractice claims

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

• Statute of limitations in Washington: This is a state-specific rule setting a deadline for filing a lawsuit. In Washington, 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. 
• Washington's good Samaritan Law: In some instances, if a veterinarian provides emergency aid to an animal at an accident site, Washington 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 a veterinary malpractice case?

To understand the compensation available in veterinary malpractice cases, let’s first take a look at the types of damages typically available in 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 Washington. As a consequence, 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.

There is an exception, though. If your pet was harmed intentionally, you may be eligible for compensation for emotional distress.

Alternatives to litigation

Suing a veterinarian for malpractice can be costly. If you’re determined to pursue litigation, it may be worth looking into free or reduced-cost representation. Here are some common options:

• Law school clinics. Most law schools have legal clinics. In these clinics, law students represent qualifying members of the local community for free or at a reduced cost under the supervision of licensed attorneys.
• Legal Service Corporation (LSC). LSC is an independent nonprofit established by Congress in 1974 to provide financial support for legal aid to low-income individuals. LSC provides funding to 132 independent nonprofit legal aid organizations in every state. You can use LSC’s website to find an organization near you.
• The Washington State Bar Association (WSBA). On the WSBA website, you can fill out a form to get connected with lawyers who offer free or reduced-cost legal services to low-income individuals.

Steps to take if your veterinarian commits 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:

• If it's safe to do so, remove your pet from the care of the vet responsible for the potential malpractice.
• Document your pet's injuries with photos.
• 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).
• Request your pet's complete medical records from the vet in question.
• Note down everything related to the incident, including conversations with the vet, any staff involved, and other details.
• Consult with a lawyer to explore your legal rights and options.