Ruby's Story
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Ruby's Resources

The following resources may help you develop a greater awareness for the welfare of our animal companions, including agencies and organizations for the welfare of animals, keeping your pet safe, and the laws that protect and fail to protect pets. Being aware of current laws is important, because it our role to protect our companions against the harm and negligence of others.

Laws to Protect your Pets See full size image

For more than two hundred years, the traditional rule in pet law has been

to limit damages to the market or property value of the animal that has been injured or killed.  This system has worked well for the vets, resulting in low and predictable costs of veterinary services.

However, justice has not been served for the animals or their masters in many cases.  Many animal lovers regard the system as overly harsh because of the very strong emotions pet owners feel when a pet is injured or dies because of another’s negligence, such as the case with Ruby.   As a result, advocates of change to the traditional damage rules in animal cases encourage courts and legislatures to award non-economic damages in pet cases.  Unfortunately the current laws in most states do not accurately reflect societal views relating to the human-animal bond. Public attitudes and psychological evidence indicate that in our society it is pretty clear that pets are thought of more as family members than as inanimate objects or mere "property."  It is time to continue fighting for the justice of our animal companions and hold those to a higher accountability who provide medical and other services for our pets.  The current laws are archaic and need to be challenged.

Filing a Complaint against a veternarian:
Contact the state veterinary board and file a complaint,  only the state board has jurisdiction over disciplinary action on a vet's license.  Be as specific as possible with timelines, vet records, photos if applicable, etc. 


When You Suspect Malpractice or Negligence:
There are several steps that you can take when you suspect that veterinary malpractice or negligence has led to your companion animal’s death, illness, or injury.

First, send a concise, accurate, and factual written complaint (including what happened, when, where, and dates) to your state veterinary licensing board asking for an investigation and a response (click for state board contact info through VetAbuse Network). Follow up on your written complaint by calling the licensing board. You should also submit a complaint to your local veterinary medical association asking for an investigation. File copies of your complaints with the Better Business Bureau, local and state Consumer Affairs offices, District Attorney's office, and local Society for the Prevention of Cruelty to Animals.  Ensure that you make other aware of your experience through online reviews of this vet's practice.  It is our duty to educate the community of foul play so we can prevent it from happening to other animals.

You can also file a small-claims suit against the veterinarian by filling out a form and paying a small fee at your local courthouse. You are responsible for presenting your own case in small-claims courts, so be sure to have copies of all your animal’s medical records (including the results of the necropsy, if performed), statements from other veterinarians who examined your animal after you suspected negligence, and copies of all veterinary bills. Although small-claims courts only award “out-of-pocket” expenses, the attention generated by your case may be enough to prevent a veterinarian from acting irresponsibly in the future.

You can also hire a lawyer to help you bring a malpractice lawsuit against the veterinarian or negotiate a settlement. As with a small-claims suit, you will need documentation to back up your case, including statements from expert witnesses (such as veterinarians, pathologists, and others with special professional knowledge). You may find that many lawyers hesitate to take on these cases, because the potential for a large monetary award is low. In most veterinary-malpractice cases, awards are limited to the costs incurred plus the cost of replacing a companion animal with an animal of similar “value.” Some state courts, however, are beginning to acknowledge the unique nature of the bond shared between humans and their animal companions; these courts also permit the recovery of “reasonable sentimental value” in some instances. California, Connecticut, Florida, Illinois, and New Jersey are among the states in which recent veterinary-negligence cases prompted judges and juries to assess the value of companion animals beyond their “property value.” 

Ask your local bar association for a recommendation to find a good attorney. Regardless of what action you decide to take, consider contacting local newspapers and television stations. Your story could help protect other animals from harm.

More people need to be willing to fight the fight to improve the rights of these faithful companions and stop surrendering to the "mistakes happen" message.  Mistakes and accidents do happen, but if they are preventable and all involved are committed to the fundamental princinple of operating always with the health, safety, and security of the animal in mind, we would have less of these "accidents"  and there would less complacency.   It is likened to manslaughter and carelessness, where punishment should be served.  If these types of things continue to happen with no punishment served, they will continue to happen.

Write your state elected officials requesting current laws to be reviewed and evaluated for your state.  Our four legged friends are depending on us to make this world a safer and better world for them.  What are the current inspection practices for vet facilities?  What happens if they have broken kennels and their exits are not secure for easy pet escape?  Is anyone overseeing these accountabilities?

References:  PETA (People for the Ethical Treatment of Animals)http://www.peta.org/mc/factsheet_display.asp?ID=28
 

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