Veterinarian Malpractice
Most of the time, our companion animals receive professional, responsible and competent service at the hands of our chosen veterinarian; even when a companion animal fails to get well or expires after treatment, it is often no fault of the veterinarian who did their best according to the standard of care expected. However, on rare occasions, the death or injury of a pet may be the result of treatment that was negligent. New Jersey malpractice lawyers are not really sufficient to handle this kind of case; you need a veterinarian malpractice attorney from New Jersey to properly handle this sensitive matter.
In the rare occasion where malpractice is suspected, it is difficult to obtain legal redress. There are legal and financial obstacles. First and foremost, there must be a clear factual record and expert testimony from another licensed veterinarian that the standard of care fell below the normal. This often is impossible to obtain because the body has already been cremated before the initial consultation with a veterinarian malpractice attorney. It is also difficult and costly to find a veterinarian to testify against a fellow professional. Finally, the insurance companies that cover veterinarians will vigorously defend the action and rarely settle.
Until the 1950's, veterinarian malpractice was not even recognized as such. It has really only been seen effectively in law since the 1990's. This new practice area really needs the expert touch of animal law attorneys, since only they really know the ins and outs of these kinds of cases.
Veterinarians may use the "Good Samaritan" defense in situations where they have rendered emergency care. In these situations they may only be found guilty for gross negligence and not necessarily malpractice. Depending on the professional association that the veterinarian in question belongs to, the association may be a strong advocate for the animal or a staunch defender of the vet.
Another defense frequently used in these cases is the disclaimer that most pet owners have to sign when they bring in their companion animals for care. While a veterinarian cannot technically sign away all rights, these disclaimers may prove problematic in such cases.
Substantial monetary rewards are rarely awarded in such cases. For most owners, it is enough to know that the veterinarian is being held accountable for the abuse to their companion animal. As with everything, there are exceptions to this rule. If the veternarian is found guilty of malpractice on a prize-winning horse, for example, the plaintiff can demonstrate enough financial loss to justify a significant monetary award. The only way that you can tell is by consulting your veterinarian malpractice attorneys.
Only you can decide whether to pursue a veterinary malpractice case, but a consultation with Gina Calogero, one of the most accomplished lawyers in Bergen county, can give you a realistic idea of whether it is worth it to you. It will help if you bring all your pet’s medical records to the office.