If the animal will get better, you will probably take it to the vet.If the vet's treatment makes your animal worse, what should you do?You might have a legal claim for veterinary malpractice.You should meet with a lawyer to discuss your case before you file a lawsuit.Your state might not allow you to get much compensation for an animal's injury or death if you file a lawsuit.Your lawyer can give you good advice about which court to file a lawsuit in.
Step 1: The animal's remains should be preserved.
Preserve the animal if it died.An animal autopsy is performed by a second vet.The necropsy is to find out what happened to the animal.If you're too emotional, call a friend and have him or her help you.You should not delay.Ask the vet who performs the necropsy if he or she will be willing to testify.Get a copy of the necropsy report.A malpractice lawsuit will be helped by the report and vet's testimony.
Step 2: Take a moment to write down your memories.
You will testify at the trial.If you want to be an effective witness, you need to write down what you remember as soon as possible.If you have lost a pet, this may be difficult.While your memories are fresh in your mind, you need to keep a record of them.Write down the vet's words.Did the vet ask you any questions?Did the vet tell you what to do with the animal?Write down what you said.Did you tell the vet that the animal had a pre-existing condition?
Step 3: You can get your vet's records.
You need evidence to win a lawsuit.You can request copies of the file from the vet who you think committed malpractice.The records can be used in a later lawsuit as proof of the treatment the vet gave your animal.Tell your lawyer if the vet doesn't want to turn over the records.You can ask the vet to turn over the documents after the lawsuit is filed.A judge can punish the vet if he still refuses.
Step 4: Don't worry about your medical bills.
Depending on your state, you may be able to get compensated for any treatment that is needed to make your animal well.If the vet broke the animal's leg, you can be compensated by a second vet.If you had to buy receipts for supplies, such as bandages, tape, etc., hold onto them.You need to treat the animal's injuries.
Step 5: Meet an attorney.
There are a lot of veterinary malpractice lawsuits.You will need to prove that the actions your vet took were not what a vet would do.You need to show that the vet's carelessness caused the injury.To assess the strength of your case, you should meet with an attorney.Call your state or local bar association to get a referral.You should schedule a 15-30 minute consultation after you have the name of a lawyer.You should discuss what evidence you need at the consultation.Discuss the lawyer's fee structure.Some lawyers are willing to only do the tasks you give them.It is a good way to keep legal costs low.
Step 6: You can file an agency complaint.
The veterinary industry is regulated by the government in each state.Your state's consumer affairs department will usually have a veterinary medical board within these agencies.Most states will allow you to file a complaint.This usually includes veterinarians, technicians and businesses that employ them.If you have a complaint, it will be investigated by the appropriate state agency.In California, you can file a complaint with the Department of Consumer Affairs.There is a link to file a complaint when you visit the website of the Veterinary Medical Board.You need to include your contact information, the type of complaint you are filing, a description of the incident, and who you're complaining against when you fill out your complaint.You can attach any evidence you want to the complaint.You can wait for a complaint when you file it.
Step 7: Discuss the amount of compensation you can get.
If you win your veterinary malpractice lawsuit, you need to know what you can get in compensation.In the United States, compensation is determined by state law, and the states differ in what they will allow you to be paid for.The market value of the animal should be discussed with your lawyer.This is how much money it would take to replace the animal.This is the only compensation you can get in some states.The market value is based on the animal's age, breed and health.If your horse was killed, the market value will be less than if it was a younger horse.The cost of treating the animal is related to the malpractice.There is a special value to the animal.These damages are meant to compensate you for the loss of a companion.If a beloved pet dies, the special value is higher than if a work horse dies.Some states have this type of compensation.There is emotional distress.Some states will allow you to be compensated for your emotional distress.Punitive damages.Punitive damages can be obtained if the vet's conduct was outrageous or intentional.The defendants are meant to be punished.
Step 8: You can hire expert witnesses.
You won't be able to win a veterinary malpractice lawsuit if your animal died.Your animal might have died regardless of what the vet did, because not every sick animal can be saved.You need to show that the vet's care was below average.You have to show that the injury or death was caused by the vet's treatment.Most people's everyday experience doesn't encompass these topics.A judge doesn't know what a professional standard of care is.The judge won't know if the vet's actions caused the injury.You will need to hire experts who can give an opinion on these topics.Your lawyer should be aware of experts who can testify for you.The expert is usually a vet.You might not have to hire an expert if you are in small claims court.The expert vet can write a letter for you that contains his or her opinion.For example, the vet who performed the necropsy could write an affidavit for you, explaining whether his treatment satisfied the professional standard of care or caused the animal's death.
Step 9: Find the correct court.
You need to file a lawsuit in the county where the vet lives.This isn't the county you live in.You should consider suing in small claims court.You don't need a lawyer in the small claims court.Small claims courts have the maximum amount of money you can claim.Depending on the state, the maximum is between $5,000 and $10,000.
Step 10: Make a complaint.
The lawsuit starts with a complaint.If you have a lawyer, he or she can draft the complaint and handle all other aspects of the lawsuit.You will be responsible for drafting the complaint if you are representing yourself.The judge is told who the parties are by the complaint.The facts that led to the lawsuit are explained.The small claims courts should have created blank forms for you to fill in.You can ask the court clerk.The vet committed veterinary malpractice and the actions he or she took fell below the required standard of care owed to you.
Step 11: You can file your complaint.
You need to make several copies of the complaint.The original and copies should be taken to the court clerk.If you can't file the original, ask the clerk.The date should be stamped on your copies by the clerk.You will have to pay a filing fee.Ask the clerk for the amount and inquire about acceptable payment methods.You can ask for a fee waiver if you can't afford the filing fee.
Step 12: Notices should be served on the vet.
You need to give the vet notice that you have filed a malpractice lawsuit.You can serve the vet with a copy of your complaint.You can get a summons from the court clerk.There are many ways to give notice to the vet.Someone 18 or older could hand deliver the notice to the vet.The sheriff could make delivery for a small fee or you could hire a private process server.In small claims court, you can often have the court clerk mail a copy of the complaint to the vet.
Step 13: You should file your proof of service.
If you arranged service with a private process server, you need to fill out a proof of service form.You can get the form from the court clerk.This form needs to be filled out by the server.The person will either file the form with the court or return it to you.You should keep a copy of your records.
Step 14: Take the answer and analyze it.
The other party will have to respond to your complaint within 30 days.The answer is the response from the defendants.The other party will either deny or accept the allegations within the answer.They will have defenses and counterclaims in their answer.Determine your course of action by analyzing the other party's answer.You have to file an answer to those counterclaims if their answer contains them.Your response will contain admissions or denials.
Step 15: Take part in discovering.
The litigation process usually starts with a period of discovery.You and the other party will be able to collect documents from each other in order to get an idea of how the case will go.You will be able to interview witnesses, gather facts, and figure out what the other side is going to say at trial during discovery.Informal discovery might include interviewing witnesses, collecting documents available to the public, and taking photographs.Interrogatories are written questions that are submitted to a party.The questions can be used in court if they are answered on the record.Depositions are oral interviews given under oath.The answers can be used in court.You can ask the other side for documents that are not publicly available if you request them.Subpoenas are court orders requiring a person to speak.
Step 16: There is a motion for summary judgment.
A motion for summary judgment is usually filed when the discovery is over.They need to show that there are no genuine issues of fact in the case and that they are entitled to a judgment as a matter of law in order to be successful.If every assumption is made in your favor, the defendants will argue that there is no way you can win.You need to show the court that there are disputed issues in the case or that the law is not clear in order to defend against this motion.The case will go on if you can do this.
Step 17: Attend the pre- trial hearings.
From the time you file your suit until the trial starts, there will be various pre- trial hearings.Any number of issues can be covered in these hearings.In most cases, you will take place in a scheduling hearing and a stipulations hearing.You and the other party will work out a timetable for the case during a scheduling hearing.This will include when the trial will likely start and how long discovery will be.You and the other party will inform the court of all the issues you agree on during a stipulated hearing.The issues that need to be settled during a trial will be helped by this.
Step 18: Attempt to resolve the issue.
Before your trial begins, you should attempt to settle your dispute with the other party.The large time and financial commitment required to go to trial will be avoided if you come to a settlement.Settlements can be reached informally or in a formal way.Both sides will sit in a room to figure out the issues during informal settlement talks.You will avoid trial if a deal can be reached.A neutral third-party will work with both sides to find common ground.The third-party will try to work out an agreement that both parties are happy with.A neutral third-party plays a judge role.They will listen to both sides of the story and decide who has the stronger case.Each party may be told what the settlement should be in a written decision.
Step 19: Make a statement.
The trial will start with your opening statement.You will go first if you are the person bringing the lawsuit.If you have a lawyer, he or she should handle the entire trial.You would only be able to testify.The purpose of the opening statement is for the judge to know what evidence you will present.You should not argue in your opening statement if you are representing yourself.You should stick to the facts.You could say, "As the evidence will show, I took my dog, Munchkin, to the defendant's office on April 22, 2015."I will show that Munchkin had a bloated stomach and didn't eat for three days.The evidence will show that Dr. Lange gave her a shot after examining her.
Step 20: Provide evidence of veterinary malpractice.
You will give your evidence first.You need witnesses and documents that prove the vet's care fell below the professional standard of care for vets.There are experts witnesses.There is a chance that another vet will testify that the vet committed malpractice.If you are in small claims court, you can often introduce an affidavit from the vet instead of having him or her testify.Your own observations.You can tell the judge what you observed.If your state allows you to file a lawsuit, you can testify about the grief you have felt since your pet died.
Step 21: Listen to what the other person has to say.
The person is presenting his or her case.The defendants are likely to use witnesses and documents as well.Don't interrupt the testimony and listen quietly.You can ask the witnesses questions in a civil trial.The judge might ask the defense witnesses questions in small claims court.
Step 22: You can make a closing argument.
If you are in small claims court, you might be able to make a closing argument.Explaining all of the evidence presented to the judge and showing how it commands a result in your favor is what you want to do.Dueling expert opinions are often the deciding factor in a veterinary malpractice trial.The vet's malpractice injured the animal.The treatment was acceptable and the injury had other causes, according to the vet's expert.Your lawyer will have to argue that your expert is more credible in order to win the lawsuit.This could be difficult.You could say that your expert has been practicing longer or that he observed the animal's body.
Step 23: Wait for the verdict.
After all evidence has been submitted, the judge might make a ruling.If the evidence has been complicated, the judge might take some time to think about it.You might appeal if you lose.Some small claims courts allow no appeals and others allow only certain circumstances.You should discuss the possibility of an appeal with a lawyer.