Veterinary Malpractice

What is veterinary malpractice and pet personal injury?

Both veterinary malpractice and pet personal injury cases involve the negligent injuring or killing of a companion animal – your beloved pet. When a pet suffers from an untimely and avoidable injury or death as a result of malpractice or negligence, surviving human family members frequently feel extreme anger, helplessness, and deep sorrow. They want the perpetrator to be held accountable and want damages for emotional suffering. Getting justice for your pet is not always easy. There are no guarantees. Attorney Peggy Collen will fight hard to get you what you deserve.

Legally, the view of companion animals has been changing in New York. Animals are no longer considered “property” in all areas of law. In the Domestic Relations Law, companion animals now have the equivalent status as children in custody battles. In custody for companion animals, a court is required to consider “the best interest” of a companion animal when awarding possession in a divorce or separation proceeding. (Domestic Relations Law § 236 [B] [5] [d] [15]).). Under the Family Court Act § 842 Order of Protection, companion animals are now protected as part of the family. The law recognizes trusts for pets. (EPTL § 7-8). Under criminal law, killing an animal is a felony. Agriculture and Markets Law 353-a(1), Aggravated Cruelty to Animals.  See People v. Garcia, 29 A.D.3d 255 (1st Dep’t. 2006)(Man was convicted for a felony for killing a pet goldfish).

Damages in veterinary malpractice and personal injury cases should no longer be limited to the alleged “market value” of the animal. We will fight for justice.

Vet malpractice, may include:

  • Misdiagnosing an animal’s illness
  • Surgical errors
  • Prescribing the wrong medicine or course of treatment
  • Post-surgical infection and death

Pet Personal Injury:

 Negligence may occur anywhere, such as at a groomer’s salon, a boarding facility, a dog park, or at your neighbor’s apartment.

  • Deep cut or wound by groomer.
  • Dog contracts a Tick-borne disease at a boarding facility causing dog to die.
  • Burns from leaving a dog on a heating pad too long.
  • Neglect of letting a pet escape through a door carelessly left open.
  • Dehydration or starvation by forgetting to leave enough water or food.
  • Dog seriously injured by another dog at day care center or at a dog park.

Call the law office of Peggy Collen to schedule a consultation.