When the Vet Is at Fault: Can You Sue for Malpractice?
Most people trust their veterinarian the way they trust their child’s pediatrician. And for good reason. But when something goes wrong; a misdiagnosis, a surgical mistake, a preventable death, pet owners are often shocked to learn that the law doesn’t treat veterinary malpractice the same way it treats human medical errors.
At LAW, we help pet owners navigate the complex and frustrating world of veterinary liability. If your animal suffered or died due to negligence, the law might be on your side, but only if you understand how the system works.
What is veterinary malpractice?
Veterinary malpractice occurs when a licensed vet fails to meet the accepted standard of care, and that failure causes injury or death to an animal. Like in human medicine, this isn’t about a bad outcome. It’s about preventable harm.
Some examples:
Operating on the wrong limb or organ
Prescribing the wrong dosage or medication
Failing to diagnose a clear, observable illness
Causing death during a routine procedure
Leaving instruments inside the animal after surgery
Ignoring clear signs of distress during boarding or hospitalization
Is it easy to prove? Not remotely.
Here’s the legal reality:
Animals are still considered property under New York law, so damages are often limited to “market value” unless there is intentional harm or gross negligence.
You must prove not just that something went wrong, but that the vet deviated from the accepted standard of care, and that this caused the outcome.
Expert testimony is typically required, and finding a vet willing to testify against another vet can be difficult.
Small claims court might allow you to pursue the case without an attorney, but the monetary ceiling may not reflect the true emotional loss.
What you need to build a case:
All medical records, including intake notes and surgical logs
A written timeline of what happened and when
Any post-mortem or secondary veterinary opinion
Witness statements if you observed the neglect
Photos, emails, invoices, or text exchanges
A consultation with an animal law attorney to assess viability
What LAW does:
We assess veterinary negligence cases for both civil claims and possible disciplinary review
We work with expert witnesses who are willing to evaluate treatment objectively
We advise grieving owners on whether a case can proceed or whether it may be better to file a professional complaint or seek compensation through a regulatory body
In rare, egregious cases, we escalate to litigation
If you believe your pet died or suffered because of a vet’s mistake, don’t assume you have no recourse. Start documenting. Get a second opinion. Contact LAW. You may not be able to bring your animal back, but you can hold someone accountable and protect future animals from the same fate.