Child and Animal Law

Veterinary Malpractice

According to a USA Today article, courts are bucking centuries of legal decisions that have defined pets as property.  As is the case described in the article, courts have begun to take veterinary malpractice seriously.

Here in Colorado, veterinarians are regulated by the State Board of Veterinary Medicine. Prior to seeking remedies in a Colorado court though, the Board has the authority to hear the matter and render a decision. Among other issues, the Board may hear matters related to incompetence, negligence, or other malpractice in the practice of veterinary medicine. The Board will likely conduct an investigation and may hold a hearing which could end in disciplinary action, suspension, or revocation of a veterinarian’s license to practice. Note that the statute of limitations on actions brought against veterinarians in Colorado is two years from the time the action accrues. If you believe you have a dispute with a public or state entity you are also required to properly notify the designated authority of your intent to sue within 180 days.

Typically, what must be proved in a malpractice or related action is that the veterinarian was under a duty of care toward the animal, that the level of care was below the standard normally acceptable by other professionals in that same field (often called a letter of certification which you must obtain from another vet or vet specialist), that the substandard care was the reason for the injury, and as a result, the injury to the animal resulted in damage to you, the caretaker.

Legal Update

On July 1, 2007, it became mandatory for Colorado veterinarians to report animal cruelty and animal fighting. The new law states that if a veterinarian suspects that s/he is treating an animal that has been subjected to cruelty or animal fighting, it must be reported to the appropriate authorities. The veterinarian is protected by law if the report is made in good faith.

~CACVT Issue Briefing: Mandatory Reporting, December 2007