Veterinary Negligence Claims

Making a claim for veterinary negligence can be distressing, particularly where a much-loved pet has sustained serious injury or has sadly died.  However, a suspicion that something went wrong doesn’t automatically mean that you have a viable claim for damages against a veterinary practice.

Veterinary negligence claims are subject to legal requirements, and not every poor outcome will amount to negligence in law.

Making a complaint to the practice

As a first step, we would usually recommend raising your concerns directly with the veterinary practice, ideally by contacting the practice manager at the vets.  In some cases, complaints can be resolved without the need for further escalation.

What must be proven in a veterinary negligence claim

To succeed in a claim against a vet, you have to prove all of the following:-

1. The vet owed you a duty of care
2. The treatment fell below the standard of a reasonably competent vet
3. The breach caused your loss / materially contributed to it
4. The loss was reasonably foreseeable

In many cases, unless the practice has admitted liability, you will need to obtain a report from an independent forensic vet.  Without this, you’re unlikely to be able to succeed in a claim.

Damages

Even if the claim can be proven, damages in many cases will be modest. Pets are regarded as property and so while you may think that your emotional distress would make it a sizeable claim this isn’t in reality what happens.

Claims can take a long time. A Letter of Claim must be sent to the practice setting out you’re the legal basis of your claim and the reasons why you’re holding them liable. After the initial acknowledgment, the practice has three months to respond on liability. In the absence of any agreement, after this time a claim could be brought, usually in the County Court. This is likely to be allocated to the Small Claims Court in which case you are unlikely to get Legal Aid and, even if you’re successful in the claim, you’re unlikely to recover your legal fees.

Provided you’ve obtained the independent evidence of negligence, we can assist by advising whether you have a reasonable claim and provide an indication of the amount your claim could be worth. In many cases, it may not be financially worthwhile to pursue a claim especially if any vet fees have been covered by insurance. We will always give you honest and practical advice on whether a claim is proportionate and financially viable.

Other options: RCVS and mediation

As an alternative to litigation, you could make a complaint to the Royal College of Veterinary Surgeons (RCVS) and invite them to investigate whether there has been professional misconduct. The RCVS operates a voluntary mediation scheme designed to resolve disputes without Court proceedings. Both parties have to agree to proceed with this kind of alternative dispute resolution.

How we can help

For us to provide tailored advice on a veterinary negligence claim please call us on our landline number of 01227 20 33 20 during normal office hours. We can usually offer a fixed fee telephone call for £75 + VAT for up to 20 minutes during which we can advise whether you have reasonable prospects of success (provided you have independent evidence from a forensic vet).  We will carry out a conflict check and provided it is clear we will take payment by debit or credit card and book an appointment for you to speak to one of our lawyers.

The information supplied on this website is provide for general information and does not constitute legal advice.  Every case is different and so you should always seek tailored advice from a suitably qualified and experienced lawyer before taking any action.