Steps to Consider for Veterinary Negligence and Malpractice

When a pet suffers harm due to veterinary negligence or malpractice, the emotional and financial toll can be overwhelming. As a pet owner, it’s essential to understand your rights, recognize signs of malpractice, and take appropriate steps to hold veterinarians accountable while protecting your pet's well-being.

At Nebula’s Foundation, we advocate for transparency, accountability, and justice for pets affected by veterinary negligence and malpractice. Below are some key steps you can take.

1. Recognizing Veterinary Malpractice and Negligence

Veterinary malpractice occurs when a veterinarian’s actions directly violate the standard of care, causing harm to an animal. Negligence, on the other hand, refers to carelessness or failure to act responsibly, which can also lead to injury or death.

Common examples of veterinary malpractice and negligence:

Diagnostic Failures

• Misdiagnosis or delayed diagnosis, leading to unnecessary suffering.

• Failure to conduct necessary tests, such as bloodwork or imaging, when symptoms suggest a serious condition.

• Dismissing symptoms without investigating underlying causes.

Surgical Errors and Anesthesia Mishaps

• Performing surgery on the wrong site or leaving surgical instruments inside the pet.

• Improper anesthesia administration, leading to excessive sedation or inadequate pain management.

• Failure to monitor vital signs during surgery, causing preventable complications.

Medication and Treatment Errors

• Prescribing the wrong medication or incorrect dosage.

• Failing to check for harmful drug interactions.

• Administering expired or unsuitable treatments.

Lack of Informed Consent

• Proceeding with non-emergency procedures without owner approval.

• Failing to inform pet owners of risks and alternative treatment options.

• Unauthorized euthanasia or irreversible procedures.

Unsanitary Conditions and Infections

• Performing procedures in unclean environments, leading to infections.

• Reusing non-sterile tools or failing to maintain hygiene standards.

Inadequate Post-Treatment Care

• Discharging an animal in critical condition without proper instructions for at-home care.

• Ignoring post-surgical complications and refusing follow-up care.

Reckless Handling or Restraint

• Using excessive force or improper restraint methods, causing injury.

• Ignoring signs of distress or mishandling fragile or anxious pets.

• Neglecting to provide pain management.

  
  

If you observe any of these issues, it may be an indication of veterinary malpractice or negligence.

2. Gather Medical Records and Evidence

Request a complete copy of your pet’s medical records from the veterinarian. This can include:

• Diagnosis details, treatment notes, and surgical reports.

• Anesthesia logs, prescriptions, and test results.

• Invoices and receipts for financial documentation.

Veterinarians and veterinary care providers are legally required to provide medical records upon request.

Additional evidence to collect:

• Photos or videos documenting your pet’s condition before and after treatment.

• Written communication (emails, texts, voicemails) between you and the veterinarian.

• A detailed timeline of events, symptoms, and treatments.

This evidence will be crucial if you decide to file a complaint, seek a settlement, or take legal action.

3. Seek a Second Opinion

Consult another veterinarian to assess whether your pet’s condition resulted from negligence or malpractice.

A second opinion can help determine:

• Whether the original treatment violated professional standards.

• If alternative treatments could have prevented harm.

• What corrective actions may still be possible.

  
  

This independent evaluation can strengthen your case if you pursue legal action.

4. File a Complaint with the State Veterinary Board

Each state has a veterinary licensing board responsible for regulating veterinarians. If you suspect malpractice or negligence, submit a formal complaint with:

• A written statement detailing the events.

• Copies of medical records and supporting evidence.

• A second opinion or testimony from another independent veterinarian (if available).

The board will review the case and determine if disciplinary action, such as suspension or license revocation, is warranted.

5. Explore Legal Action: Settlement, Small Claims, or Court Trial

Legal action for veterinary malpractice can be complex, as pets are often classified as property under U.S. law, limiting financial compensation. However, you still have legal options.

Settlement Options

• Some veterinarians or clinics may offer a settlement to avoid legal action.

• If offered, consult an attorney before accepting to ensure it is fair.

Small Claims Court

• If financial damages (vet bills, cremation, additional treatments) are below the small claims court limit (varies by state), you can file a claim without an attorney.

• This is a quicker and less expensive option than a full lawsuit.

Veterinary Malpractice Lawsuits

• If negligence led to significant loss, you may file a malpractice lawsuit with an attorney’s guidance.

• Some states allow emotional distress claims for pet loss, though laws vary.

• Legal success depends on proving malpractice, financial damages, and deviation from the standard of care.

Consult a veterinary malpractice attorney to assess your case’s viability.

6. Raise Awareness and Advocate for Change

Seeking justice for your pet is just one step, advocacy can help prevent future cases of negligence and malpractice while pushing for greater veterinary accountability. Consider:

• Sharing your experience on review platforms and advocacy organizations such as Joey’s Legacy and Nebula’s Foundation to inform and protect other pet owners.

• Pushing for stronger regulations by supporting policy changes that enhance veterinary oversight, transparency, and consumer protections.

• Educating and warning other pet owners on their rights and how to recognize negligence and malpractice.

Your voice can drive change, hold veterinarians accountable, and protect other pets from harm.

7. Take Care of Yourself: Coping with Loss and Trauma

Losing a pet due to veterinary malpractice or negligence is an incredibly painful and emotional experience. Pets are family, and when their suffering is caused by preventable mistakes, feelings of grief, anger, guilt, and helplessness can be overwhelming. While seeking justice is important, it is equally essential to care for your emotional well-being during this difficult time.

One of the most helpful steps in the healing process is seeking emotional support. Connecting with others who have experienced similar losses can provide comfort and reassurance that you are not alone. Pet loss support groups, both online and in-person, offer a space to share your grief and receive understanding from those who truly empathize. When the time feels right, consider opening your heart to another pet in need. Counseling can also be beneficial, especially if feelings of guilt or anger are affecting daily life. Speaking with a professional who specializes in pet loss can help process emotions and provide strategies for coping.

Allowing yourself to grieve in a way that feels right for you is crucial. Some people find comfort in creating a memorial for their pet, whether it’s through writing, art, or planting a tree in their honor. Reflecting on the happy moments shared and celebrating your pet’s life can help shift the focus from loss to gratitude for the time spent together. Healing doesn’t mean forgetting, it means cherishing the love you shared while moving forward with strength and purpose.

Final Thoughts

Veterinary negligence and malpractice can have devastating consequences, but pet owners are not powerless. By recognizing the warning signs, gathering evidence, filing complaints, exploring legal options, and advocating for better veterinary care, we can work toward a future where veterinary accountability is stronger and pet safety is a priority.