Question 1

What are the standards for veterinary malpractice in Florida?

Accepted Answer

FL veterinary malpractice: a veterinarian is liable for malpractice when they fail to provide the standard of care that a reasonably prudent veterinarian would provide under similar circumstances. Elements: duty (the veterinarian owed a duty of care to the animal owner: established by the veterinarian-client-patient relationship), breach (the veterinarian failed to meet the standard of care: deviation from accepted veterinary practices), causation (the breach caused harm to the animal: the animal was injured or died as a result of the veterinarian’s negligence), and damages (the owner suffered a loss: the value of the animal, veterinary costs, and in some cases emotional distress). FL: regulates veterinarians through Chapter 474 and the Board of Veterinary Medicine.

Question 2

What damages can be recovered in Florida veterinary malpractice cases?

Accepted Answer

Damages: the fair market value of the animal (FL law traditionally treats animals as personal property: the measure of damages is the animal’s fair market value or replacement cost), veterinary costs (the cost of treatment provided by the negligent veterinarian and any subsequent treatment to address the injury), and other economic losses (breeding value, training costs, and lost income for working animals). Emotional distress: FL law generally does not allow recovery for emotional distress over the loss of an animal (animals are classified as personal property). Punitive damages: may be available if the veterinarian’s conduct was: intentional, reckless, or grossly negligent (Section 768.72).

Question 3

How do you pursue a veterinary malpractice claim in Florida?

Accepted Answer

Pursuing: the claimant must: establish the standard of care (expert testimony: another veterinarian must testify about: what a reasonably prudent veterinarian would have done under similar circumstances), prove the breach (show how the veterinarian deviated from the standard), prove causation (show that the deviation caused the harm), and prove damages (document: the value of the animal, treatment costs, and other losses). Regulatory: the owner can also file a complaint with the FL Board of Veterinary Medicine (Chapter 474: the Board can: investigate, discipline, and revoke the veterinarian’s license). Statute of limitations: 2 years for negligence (Section 95.11(3)(a)).

Veterinary Malpractice Standards

Florida Veterinary Malpractice Standards

Elements

Damages

Pursuing

Related Terms

Barnes Walker Litigation

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