Medical malpractice in pets What to do?

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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.

What is considered veterinary negligence?

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.

Most common cases of veterinary negligence

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.

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How to report a veterinarian for veterinary negligence?

Before making the report, it is recommended to have the following information:

- Full name and professional license number of the veterinarian, you can find this information on the prescription.
- License or permit of the place: this information should be visible in the office, so you could take a photo.
- Address of the office or, if it is a home service, the phone number to contact them.
- Written diagnoses and treatments with date and quantity notes, as well as prescriptions, studies, x-rays, 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 attended by a second veterinarian, they should provide you with their diagnosis and treatment of the case. It is also good to bring the tests, analysis, and photographs of the animal after receiving the second attention.
- If the pet passed away, request that studies be done to determine the cause of death, and do not authorize the pet to be cremated. It is better to request the pet’s body and ask another doctor to perform the necessary analyses. If the pet is cremated without your knowledge, request the doctor’s written explanation for doing so and ask for the receipt of the body delivery; this way, you can present it as evidence of destroyed evidence.

How a veterinary expert helps in cases of negligence

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:

- Evaluation of damages suffered by the animal
- The expert analyzes the current clinical state of the animal or, in the case of death, reviews the medical history, necropsy, and studies to determine if there were damages attributable to negligent actions by the treating professional.
- Collection and analysis of medical data and clinical evidence
- They are responsible for collecting all relevant information: clinical records, prescriptions, lab reports, x-ray images, testimonies, and other technical evidence to reconstruct the facts based on scientific evidence.
- Determination of the standard of care
- The expert compares the veterinarian’s actions with the protocols and standards recognized in veterinary medicine. This way, they can determine whether there was an omission, negligence, or incompetence in the treatment.

Evaluation of the treating veterinarian’s actions
They objectively evaluate whether the medical decisions made were appropriate or represented a severe deviation from professional practice, distinguishing between an inherent risk of a procedure and negligent behavior.
Preparation of a technical report
The expert provides a forensic report that can be used in a legal procedure. This report contains their expert analysis and is presented as evidence before judges or competent authorities.
Participation in hearings or trials
If necessary, the expert can testify and support their technical report before the judge, explaining their conclusions clearly and thoroughly.
The presence of a veterinary expert in cases of negligence allows the affected parties to support their claim with scientific and technical evidence, increasing the chances of obtaining justice and even compensation for the damages suffered. These experts are especially important when seeking to hold veterinary clinics, hospitals, or veterinarians accountable for malpractice.

Where to report veterinary negligence?

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.