Medical malpractice in pets What to do?

Pets, whether dogs, cats or even canaries, have become an important part of their owners’ lives. It is becoming more and more common to find people who consider them as another member of their family, and that is why they always look for the best care for them, especially when they get sick or suffer an accident.

The specialists in charge of looking after the health and welfare of pets are veterinarians, and just like a doctor in charge of a person’s health, they must have the necessary studies and training to provide quality care.

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What is considered veterinary malpractice?

Veterinary medical malpractice is considered when a veterinarian’s inexperience, lack of practice, recklessness or lack of ethics causes severe repercussions in the pet’s health that can cause illness, injury or even death.

However, due to the current laws in Mexico, a veterinary malpractice case does not proceed in the same manner as a medical malpractice case with a person. Under Mexican law, animals are property, i.e., objects of your property.

So in order to proceed with a claim against any damage to your pet you would have to file a claim for damages to your property, to do so it is important to have certain information to support your testimony.

What can be considered veterinary medical malpractice?

It is essential to understand that veterinary medical malpractice can manifest itself in a variety of ways, the most important of which are:

• Negligence in the treatment: this negligence arises when the veterinarian makes use of inadequate veterinary techniques, there were failures in the sterilization of pets and an infection was caused in the pet.
• Failures in the medical report: when the medical history of the animal was not taken into account, relevant data related to the state of health were omitted, and the necessary medical examinations and preparatory procedures were not performed.
• Errors in diagnosis: negligence is effected by providing an incorrect diagnosis, usually indicating an incorrect disease or condition.
• Absence of consent: when the patient takes the initiative to perform an intervention or procedure without the prior consent of the owner.
• Professional negligence: refers to the omission of care and the use of fraudulent and unethical veterinary techniques.
• Unqualified professionals: unqualified veterinarians, in some cases without any studies that certify them, including a professional license that certifies their academic training.

What information do I need to submit to file a veterinary malpractice report?

Before filing a report, it is advisable to have the following information:

Full name and professional license number of the veterinarian, this information can be found in the medical prescription.

• License or permit of the place: this information should be visible in the office so you could take a picture.
• Address of the office or if it is a home service, the telephone number to locate it.
• Written diagnoses and treatments with annotations of dates and amounts, as well as prescriptions, studies, radiographs, analysis and photos of the animal before and after the incident. The more binding information you have, the better for the case.
• If the animal was treated by a second veterinarian he/she should give you his/her diagnosis and treatment of the case, it is also good to bring the tests, analysis and photographs of the animal after it received the second care.
• If the pet died, ask for the corresponding studies to know the cause of death and do not authorize the animal to be incinerated, the best thing to do is to ask for the body of the animal and ask another doctor to make the pertinent analysis. In case the animal is incinerated without your knowledge, request in writing in a doctor’s prescription the reason why it was done and ask for the receipt of the delivery of the body, this way you will be able to present it as destruction of evidence.

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Where to report veterinary negligence?

To file a report, go to the Public Prosecutor’s Office and file a claim for damage to your property. Take with you all the documents and preferably a log with the details and dates of what happened. If you performed the necropsy and you have not received the results yet, mention in the complaint when you will receive them.

You can also go to Profeco and file a complaint for non-compliance in the provision of the service, you should also bring all the evidence and data you can gather.

If you prefer, you can also go to the federal or state veterinarian associations so that the doctor is investigated by the corresponding committee.

As mentioned, the complaint for veterinary negligence does not proceed in the same way as the complaint for medical malpractice, so the retribution would contemplate the value of the pet in the market.

In Lex & Co Law Firm we are specialists in negligence cases, if you are living a situation of this kind either of a family member or even a pet, we can advise you and help you to solve your case. Contact us and tell us about your situation.

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Lic. Carlos Figueroa Rodríguez

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.