In emotional and psychological terms, you cannot put a price on what your pet is worth to you. If an animal is harmed or you suspect malpractice, the first urge most of us have is to sue for as much money as possible to make up for the incalculable loss.
The problem with this is that the law at the state and federal level does not allow for large sums to be awarded in cases of veterinary malpractice. In most states, the most that you are allow to sue for is the replacement cost of the animal, as they are valued as property.
Florida Law
Florida law states that the fair market value of the animal is all that a veterinarian is liable for in a malpractice case, unless gross negligence can be proved. This can be difficult to prove as medical experts are 100% necessary to this kind of case. Our law firm can tell you if it is worth pursuing or not.
There are other remedies available to those who have been wronged by veterinary malpractice. The best remedy is to complain to the state licensing board for the vet in question. While this will not result in any monetary settlements for the complainant, it will result in direct action against the vet in question. This is a recommended starting point for any veterinarian malpractice case.
Animal Justice
Justice for the animal is the desired goal for any impassioned pet owner. If you believe that a veternarian is responsible for the death of your animal and others, it is often worth it to at least lodge a complaint with their licensing board. Contact our firm prior to lodging any complaints to make sure that you are addressing the proper body and lodge your complaint in the correct manner.
If you do choose to sue, you can expect that the veterinarian in question will spend the money to defend the case and will hire experts to counter your own. Unless the evidence is overwhelming, gross negligence is a hard thing to actually prove. You are best to complain to the state board and only bring a proper case if your lawyer advises you that it is the proper thing to do.
In the end, there is a reason that lawyers that practice animal law often have other practice areas as well. It is not a profitable field for either the lawyer or the client, and lawyers who run such practices often do so out of their own love for animals. You can rest assured that they will care a great deal about yours too.
Resource:
Kray Discusses Law and Regulations with Animal Law Association, by Ian Fisher
http://www.law.ufl.edu/flalawonline/2009/04132009/animal.shtml