Vets: Malpractice Insurance—Yes Or No?

Veterinary malpractice insurance is a form of professional liability insurance that covers legal costs arising from lawsuits over professional errors, omissions, and negligence. While it is not mandatory for veterinarians to carry malpractice insurance, it is becoming more common as the cost of defending against malpractice claims continues to rise.

Historically, veterinary malpractice lawsuits were rare due to the low amount of damages awarded for injury to animals. However, as the way courts view animals has shifted from property to companions, the financial consequences of these lawsuits have become more expensive for veterinarians and their insurance companies. As a result, more pet owners are filing malpractice cases each year.

To win a malpractice lawsuit against a veterinarian, a pet owner must prove four things:

1. The vet had agreed to treat the animal.

2. The vet failed to meet the standard of care for treating the animal.

3. The animal was killed, injured, or became sicker as a result of the vet's incompetence or carelessness.

4. The pet owner experienced harm or damages as a result of the animal's injury.

While it is possible to sue a veterinarian for malpractice, it can be challenging and expensive to pursue such lawsuits. Pet owners may face difficulties in hiring a lawyer, as the potential compensation may not be enough to cover the lawyer's expenses. Additionally, the law treats animals as property, and damages in veterinary malpractice cases tend to be limited to the cost of additional medical treatment or the market value of the animal.

What is malpractice?

Malpractice is a tort committed when a professional breaches their duty to a client. The duty of a professional to a client is generally defined as the duty to follow generally accepted professional standards. In the case of veterinarians, this means treating animals with the same level of skill and attention as other vets in similar communities (called the "standard of care").

To win a malpractice lawsuit against a veterinarian, a pet owner must prove four things:

• The vet had agreed to treat the animal
• The vet failed to meet the standard of care for treating the animal
• The animal was killed, injured, or became sicker as a result of the vet's incompetence or carelessness
• As a result of the animal's injury, the animal's owner experienced some kind of harm (called "damages")

Veterinary malpractice lawsuits are similar to medical malpractice lawsuits, which occur when a patient is harmed by a doctor (or other medical professional) who fails to competently perform their medical duties. To prove medical malpractice, a plaintiff must show:

• There was a physician-patient relationship giving rise to a duty of care
• The physician was negligent (breached the duty of care)
• The negligence caused the plaintiff's injury
• The negligence caused actual damages, such as pain, mental anguish, additional medical bills, and lost work and earning capacity

In both veterinary and medical malpractice cases, the plaintiff must demonstrate that the professional's conduct fell below the standard of care and that this breach of duty caused harm.

Why do vets need malpractice insurance?

Veterinarians need malpractice insurance to protect themselves and their businesses from liability claims. This type of insurance, also known as veterinary professional liability insurance or veterinary liability insurance, covers legal defence costs if a veterinarian is sued for damages or financial losses due to alleged mistakes or negligence. It can also help cover any damages that may be awarded to the plaintiff if the veterinarian loses the case.

The role of malpractice insurance has become more important as social attitudes towards animals have changed, and the veterinary industry has evolved. While vets are not legally obliged to treat injured animals, they may be held liable for malpractice if they voluntarily start treating an animal and then stop before the animal has recovered. This is because vets, like doctors, owe their patients a duty of care.

To win a malpractice lawsuit, a pet owner must prove that:

• The vet agreed to treat the animal.
• The vet failed to meet the standard of care.
• The animal was killed, injured, or became sicker as a result of the vet's incompetence or carelessness.
• The owner experienced some kind of harm as a result of the animal's injury.

While vet malpractice lawsuits are similar to medical malpractice lawsuits, there are some differences. For example, in most cases, harm to the owner does not include emotional distress caused by the pet's injury or death. Additionally, the damages awarded in vet malpractice cases tend to be relatively limited and may only cover the cost of veterinarian treatment and the market or replacement value of the pet.

Given the challenges of winning a vet malpractice lawsuit and the potential costs involved, pet owners may opt to file a claim with the vet's insurance company or in small claims court. Therefore, malpractice insurance is critical for vets to protect their businesses and ensure peace of mind.

What does malpractice insurance cover?

Medical malpractice insurance covers a range of expenses associated with defending and settling malpractice suits. It also pays damages if the insured is found liable.

Covered costs include:

• Attorneys' fees and court costs
• Punitive and compensatory damages
• Expert witness costs
• Legal fees and settlement costs
• Medical costs

However, medical malpractice insurance does not cover liability that arises from sexual misconduct, criminal acts, and inappropriate alteration of medical records.

How much does malpractice insurance cost?

The cost of malpractice insurance for veterinarians depends on a variety of factors, including the type of practice, the coverage requested, the location, policy limits, deductibles, and claims history.

The average cost of veterinary malpractice insurance is $96.66 per month or $1,159.92 per year for a $1 million coverage. However, the cost can vary based on the size and nature of the practice. For small practices, general liability insurance can range from $600 to $1,000 annually, while workers' compensation insurance can range from $2,500 to $5,000.

Veterinary practice insurance typically combines multiple policies, including veterinarian liability insurance, malpractice insurance, commercial property insurance, and animal bailee insurance. The average cost for these policies can range from $4,300 to $8,300 or more annually.

When seeking a quote for malpractice insurance, veterinarians may be asked questions such as whether they travel for their practice, work with exotic animals, own or rent their building, the value of their tools and equipment, the number of employees, and their annual and projected revenue. This information helps insurance providers assess the risk and determine the appropriate rate and coverage for the business.

How do you prove malpractice?

To prove malpractice, there are four elements that must be established. Firstly, it must be shown that the veterinarian had agreed to treat the animal. Secondly, it must be proven that the vet failed to meet the standard of care expected when treating the animal. Thirdly, it must be demonstrated that the animal's condition worsened, or it died, as a direct result of the vet's incompetence or carelessness. Lastly, it must be evidenced that the owner experienced some form of harm, often referred to as "damages", as a result of the animal's injury.

Proving these four elements can be challenging and often requires the support of an expert witness, typically another veterinarian, who can testify about the standard of care that should have been provided and how the vet in question deviated from it. This expert witness can also help establish causation, which is critical to proving malpractice. Causation refers to demonstrating that the vet's actions or inactions directly caused the harm to the animal, rather than other factors such as pre-existing conditions or lifestyle choices.

In addition to expert testimony, various types of evidence can be used to prove malpractice, including medical records, lab test results, and testimonies from former patients who have had similar issues with the vet or clinic. It is important to gather as much information and evidence as possible to strengthen the case.

It is worth noting that not all mistakes made by veterinarians constitute malpractice. Mistakes or negligence must occur in the provision of medical care to be considered malpractice. For example, failing to properly monitor an animal, allowing it to escape, or not providing adequate food and water would likely fall under ordinary negligence rather than malpractice.

Frequently asked questions