Most horse owners have a veterinarian whom they trust and rely upon to take good care of their horses.  Your “go-to” veterinarian is often responsible for routine wellness, pre-purchase exams, emergency treatment, and everything in between.  But what happens when mistakes are made?  Can a veterinarian be held legally responsible if his or her error causes damage or even the death of your horse?  The answer will depend on the facts and circumstances of your individual case. 

Veterinary malpractice refers to professional negligence by a veterinarian that results in harm to a horse or financial loss to its owner.  As horses often represent significant emotional, athletic, and economic value, the consequences of veterinary mistakes can be substantial.  Some common situations that may lead to veterinary malpractice include misdiagnosis or delayed diagnosis of conditions like colic or laminitis, surgical errors during procedures, improper medication or dosage, or improper pre-purchase exams that miss significant health issues.  Each state varies on the laws for pursuing a veterinary malpractice claim. Generally, you will be required to prove the following:

                  (1) The veterinarian owed a duty of reasonable, professional care.  If your veterinarian agrees to provide care for your horse, then he or she has the duty to provide such care in accordance with the accepted standards of veterinary medicine. 

                  (2)  The veterinarian breached or violated the duty of care.  If the care that your veterinarian gives your horse falls below the accepted professional standard of care, then he or she has “breached” the duty owed to you.  How do you prove this breach?   In most cases, expert testimony of a similarly qualified veterinarian will be required and the expert will need to opine that your veterinarian acted negligently and in deviation of accepted standards of care.  The expert will need to support his or her opinion with facts, data, and recognized equine medical literature.  A bad outcome alone does not necessarily mean the veterinarian breached the standard of care.

                  (3)  The veterinarian’s wrongful conduct caused the horse’s injury or death.  This may seem obvious, but you must demonstrate that what the veterinarian did (or didn’t do) caused injury or death to the horse.  In some instances, the connection is clear.  For example, the veterinarian administers the wrong dosage of a sedative to a horse and the horse immediately dies.  However, not all cases are that clear.  What if in the above example, the horse is fine immediately after being administered the dose, but then dies 3 days later?  In that instance, the owner may need to have a necropsy performed to show that there was a causal connection.  

                  (4)  You suffered economic damages as a result of the horse’s injury or death.  Under the law, you are not entitled to “pain and suffering” damages for you or your horse in a veterinary malpractice case.  Rather, you must show a sum of money lost as a result of the malpractice.   Horses are considered property in the eyes of the law.  Damages are typically limited to the fair market value of the horse and any related consequential damages (i.e., lost profits or the cost of special medication or feed).   A qualified equine appraiser will be required to prove the horse’s value.    

In today’s world, most veterinarians carry malpractice insurance.  If you make a claim of veterinary malpractice, in all likelihood, the insurance company will vigorously defend the case.  This doesn’t mean that you shouldn’t pursue the case if you believe it has merit.  But it does mean that you should do your homework.  Talk to other veterinarians to find out their honest opinion about what happened.  Realistically assess the damages you’ve suffered.  Your horse might be more than just property in your eyes, but that is not the way the law sees it.  You have to determine whether or not the economic value of your horse has been diminished and by how much.   In addition, be prepared for legal fees.  Although most attorneys will accept a veterinary malpractice case on a contingency fee basis, legal fees are rarely considered an element of damages.  

Finally, it is a good idea to carry insurance on your horse, including mortality coverage.  Equine mortality coverage is akin to life insurance for horses.  In the event that a veterinarian makes a mistake and your horse dies, then you may be able to make a claim against your insurance policy. 

Katherine Jarve is a partner at the Marlton, New Jersey law firm of Jarve Kaplan Granato Starr, LLC. She is licensed in New Jersey and Pennsylvania and maintains a practice in personal injury and civil litigation, including equine related issues. Katherine spent her childhood competing on the national AQHA show circuit. This article is for informational purposes only and is not intended to be legal advice. If you have a specific legal question or problem, consult with an experienced equine law attorney. Questions, comments or suggestions can be e-mailed to kjarve@nj-triallawyers.com.