| If you think your companion animal has been a victim
of veterinary malpractice and you would like to sue, please get a complete
copy of the vet's medical records, then talk to the vet and get his version
of the story. Make sure you have someone with you to act as a witness to
what the vet tells you. Sit down immediately after the meeting and write
out a clear and concise record of what you and your witness heard the vet
say.
Make sure that you get names, address and phone numbers
of witnesses to the facts you are relying on. Without that, there is little
or no chance of success.
You will have a choice of two courts in which to sue.
If you go to small claims court, you will represent yourself, as will the
vet. You may have a lawyer help you with your case, but he/she cannot go
to court for you. You can bet the vet will have a lawyer help him/her.
In small claims, there is a limit as to how much money you can recover,
which varies, but it will never be more than your vet bill was. All you
can do is get your money back. It does not cost much to sue in small claims
court, generally less than a hundred dollars, but you must still have hard
evidence of wrongdoing, not just your version of what happened.
If you sue in municipal court, you can ask for damages
in addition to the vet bill. Unfortunately the law is not pet friendly,
and you will not get very much even if you win. In general, the chances
are high that even if you win, you will end up paying much more, generally
thousands of dollars more, in lawyers fees than you will get. If you lose,
you may also have to pay some of the expenses the vet incurred to defend
himself/herself against your lawsuit.
The sad truth is that the law does not recognize your
pet as having a value. The law in general has not allowed you to recover
damages from the vet for the pain inflicted upon your animal physically
nor upon you emotionally. However, this situation is starting to change
and this change is what we are trying to accelerate by helping those people
with a very strong legal case get their day in court by providing case
evaluation and legal representation at a greatly reduced cost.
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