When a much loved family pet has died, it can be absolutely devastating.  Even if the death has occurred while it was being treated by a vet, this doesn’t automatically mean that the vet or the practise was legally at fault for the death.  That said, a pet owner might be able to sue a vet (or more accurately the veterinary practice as opposed to an individual) but only in limited circumstances.

Vets owe a ‘duty of care’ when treating an animal, and to succeed in a claim for damages you would normally need to prove that:-

• the vet acted below the standard expected required of a reasonably competent veterinary professional, and
• this breach of duty caused or materially contributed to the dog’s death.

Bear in mind that complications occur even when proper treatment has been given.

Gross misconduct

The RCVS (Royal College of Veterinary Surgeons) regulates veterinary professionals and it sets professional standards requiring vets to prioritise animal welfare and provide competent care.  However, it only takes action itself in cases of serious professional misconduct; ordinary negligence is generally not regarded as sufficient.

Claim for damages

The standard of care is assessed using the Bolam Test, which considers whether the vet’s actions matched what a responsible group of similar professionals would have done. If a respectable body of professionals would support the same approach, the vet is not considered negligent, even if others disagree.

What evidence is needed?

If you believe a vet may have been negligent and you’re looking to bring a claim for damages, it is important to gather evidence early, including:

• veterinary records (including clinical notes)
• invoices and payment records
• referral letters and lab results
• communications with the practice
• details of what you were told, and when
• post-mortem findings (if applicable)

In many cases, an independent vet’s opinion will be needed before we can advise on whether you have a claim.

It’s also important to note that, in law, pets are treated as property, meaning damages are usually limited to the dog’s open market value and associated costs (eg. Vet’s fees), rather than emotional distress.

 

Li Goh-Piper

Solicitor