Understanding your legal rights when veterinary care goes wrong
Veterinary malpractice in Illinois occurs when a veterinarian fails to provide the accepted standard of care, resulting in harm or death to an animal patient. Unlike human medical malpractice, these cases often face unique challenges due to pets’ legal classification as property and specific damage limitations under Illinois law.
Are you one of those, “pets are better than people”-people?
Maybe that depends on the day (understandably). Regardless of how much you love your pet, it’s fairly certain that if you put the effort, money, and connection into raising or housing an animal, you’re pretty committed to its well-being.
Even though you do everything you can to keep your furry (or feathered, or scaled) friend healthy, sometimes animals get sick—just like people do. When that happens, you likely rely on a veterinarian whom you trust with your precious companion’s health.
You might be just as concerned about the possibility of veterinary malpractice as you are about human medical malpractice—and they are similar in principle.
How does Illinois define veterinary malpractice?
The Illinois Veterinary Medicine and Surgery Practice Act of 2004 regulates the state’s veterinary practice and is enforced by the Illinois Department of Financial and Professional Regulation. This includes:
- Licensing requirements for veterinarians and vet techs
- Defines scope of veterinary practice and permitted activities
- Establishes the Veterinary Licensing and Disciplinary Board
- Sets standards for veterinary facilities and record-keeping
- Outlines disciplinary procedures for violations
- Requires continuing education for license renewal
- Prohibits unlicensed practice of veterinary medicine
There are a couple of exemptions, including emergency care and federal government veterinarians.
In general, the elements of an Illinois veterinary malpractice claim are as follows:
- The veterinarian owed a duty of care to the animal;
- The veterinarian’s actions or omissions did not meet the professional standard of care;
- The veterinarian’s actions or omissions were the direct cause of the animal’s injury; and
- The injury caused damages to the animal owner.
Just like a medical malpractice claim for a human, a veterinary malpractice claim will hinge on whether the veterinarian was negligent. The plaintiff (pet owner) will need to prove the vet did not act reasonably under the circumstances and was careless in causing harm to the animal.
In Milke v. Ratcliff Animal Hospital, Inc., the plaintiff took her six-month-old dog, Slade, for neutering. The vet informed the plaintiff that the surgery had been successful and a veterinary assistant was monitoring the puppy while he remained intubated after the surgery concluded—all of which is standard practice. During that time, the assistant noticed the dog’s breathing and pulse were shallow. They returned Slade to the operating room and began CPR. A staffer immediately sought the veterinarian’s assistance, and the vet attempted lifesaving procedures, but Slade passed away.
The plaintiff filed a lawsuit against the veterinarian and the animal hospital, claiming he did not follow proper protocols for post-surgical care and monitoring. However, the court found that there was not enough evidence to prove the doctor breached the standard of care. Further, the court said that even if the standard of care was breached, there was not evidence to prove this as the cause of the dog’s death.
What damages can you recover from an Illinois veterinary malpractice claim?
“Damages” are what a plaintiff can recover for a personal injury lawsuit. In this instance, the personal injury is the loss of a pet or the expense associated with the pet’s medical treatment.
If the animal was harmed but did not die from the veterinary malpractice, the owner can often recover the cost of additional treatment. If the animal died or was permanently disabled, they owner can typically recover the animal’s fair market value.
Under Illinois law, an animal is considered personal property. Therefore, damages are typically limited to the animal’s market value. That is, the replacement cost of the lost property.
How do you determine the fair market value of a pet?
The fair market value is the price you could receive for the animal if it was sold on the open market. It might sound cold to consider this because people are emotionally close to their pets, and most consider a pet part of their family. But in a court of law, they need to use a formula to figure out how much to award as compensation.
Fair market value of a pet is based on factors that include:
- Pet’s age
- Pet’s breed
- The amount the owner originally paid for the pet
- Pedigree or bloodline
- Pet’s current health condition
- The cost to replace the pet
How do you know if your Illinois veterinarian committed malpractice?
You’re not a veterinarian (probably). So you might not be sure what the standard of care even is and whether you can pursue a malpractice claim. Here are some signs that your veterinarian might have acted negligently.
- Insufficient explanation. If the veterinarian doesn’t clearly explain a situation, fails to discuss treatment options, or avoids answering your questions, they might not be fulfilling their duty to inform and involve you in your pet’s care.
- Failure to perform diagnostics. It could be negligent if the veterinarian does not perform the appropriate testing or examination, doesn’t refer you to a specialist if necessary, or dismisses the symptoms without adequate evaluation.
- Unexpected complications. Sometimes poor outcomes happen, and it is sad but not caused by negligence. However, if a complication arises from a routine procedure or is unexpected for the treatment received, it might warrant further investigation or a second opinion.
- Improper care or neglect. If your pet was admitted to an animal hospital or overnight clinic, any unexplained injuries, infections or deterioration could indicate negligence.
- Diagnosis discrepancy. 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.
Has your veterinarian committed malpractice in the past?
A past accusation of malpractice doesn’t mean your vet is a bad doctor or that they’re likely to have committed malpractice again—sometimes, an accusation of malpractice could make a doctor even more careful to do everything according to standard practice in the future to avoid any additional accusations.
But there are ways to assess whether a veterinarian could have past malpractice involvement. Here’s how you can decide if yours can be trusted:
- Check their disciplinary history. You can check with the Illinois Veterinary Licensing and Disciplinary Board to see if there are previous actions against them.
- Compare different veterinarians and their reputations.
- Ask. Be direct. Inquire about the veterinarian’s experience, approach to treatment, and past issues.
- Observe. Request a tour of the facility; usually, a well-maintained and transparent clinic reflects good practice standards.
- Seek a second opinion. If you have doubts about a diagnosis or treatment, consult another veterinarian for their perspective.
What should you do if you suspect veterinary malpractice?
- 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.
- Write 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.
If you do need legal guidance or to file a complaint or lawsuit, you can seek the advice of an Illinois personal injury attorney.
Can I Sue My Veterinarian for an Injury to My Pet?
This article provides an overview of the elements of a veterinary malpractice claim, possible defenses, and the damages you might recover for your injured pet.
See our guide Choosing a personal injury attorney.