Pets, whether dogs, cats, or even canaries, have become an important part of their owners’ lives. It is increasingly common to find people who consider them a family member, which is why they always seek the best care, especially when they get sick or suffer an accident.
The specialists in charge of ensuring the health and well-being of pets are veterinarians, who, like doctors who take care of human health, must have the necessary studies and training to provide quality care.
Veterinary medical negligence is considered when, due to a veterinarian’s inexperience, lack of practice, recklessness, or lack of ethics, severe repercussions on the pet’s health are caused, which may lead to some illness, injury, or even death.
If this occurs, it would be a case of medical negligence involving pets. However, due to current laws in Mexico, a case of veterinary negligence does not proceed the same way as a medical negligence case with a person. According to Mexican law, animals are considered goods, meaning objects of your property.
It is important to understand that veterinary medical negligence can manifest in various forms, including:
Negligence in treatment: This occurs when the veterinarian uses inadequate veterinary techniques, there were failures in sterilizing pets, and infections were caused in the pet.
Errors in the medical report: When the animal’s medical history was not taken into account, relevant data related to the health condition were omitted, and necessary medical exams and preparatory procedures were not performed.
Diagnostic errors: Negligence occurs when an incorrect diagnosis is provided, generally indicating an incorrect disease or condition.
Absence of consent: When the veterinarian takes the initiative to perform an intervention or procedure without prior consent from the owner.
Professional negligence: This refers to the omission of care and the use of fraudulent and unethical veterinary techniques.
Unqualified professionals: Veterinarians without training, in some cases without studies to certify them, including a professional license that certifies their academic training.
Before making the report, it is recommended to have the following information:
In situations where there is suspected veterinary negligence, such as improper treatment, an incorrect diagnosis, or a poorly performed surgery causing harm or death to an animal, the role of a veterinary expert becomes key to clarifying the facts and legally supporting a claim.
The main functions of a veterinary expert in negligence cases are:
To file a report, go to the Public Ministry and file a claim for damage to your property. Bring all documents and preferably a log with the details and dates of the incident. If you have performed a necropsy and have not yet received the results, mention in your report when you will have them.
You can also go to Profeco and file a complaint for non-compliance with the service; likewise, you should bring all the evidence and data you can gather.
Alternatively, you can go to federal or state veterinary associations so the doctor can be investigated by the corresponding committee.
As mentioned, the report for veterinary negligence does not proceed the same way as a medical negligence report, so compensation would involve the market value of the pet.
Carlos Figueroa Rodríguez, attorney at law at Lex & Co. He has more than 10 years of experience in specialized cases involving medical malpractice and insurance claims. He is a graduate of the Universidad Anáhuac and has a Master’s Degree in Constitutional Law and Amparo from the National Bar Association. He also has a Doctorate in Juridical Sciences from the UCI Mexico. Professional license 6577215.
Calle California N° 130-A (Casi esquina Inglaterra) Col. Parque San Andrés, CDMX C.P. 04040
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