Veterinary Malpractice Attorneys in Raleigh, North Carolina

At the Law Offices of C. Melody Davalos, PLLC, we understand how painful it can be when your pet suffers harm or injury due to a veterinarian’s negligence. Your pet isn’t only a part of your family but their care is entrusted to professionals who are expected to act with skill and compassion. When things go wrong, it can be a deeply distressing experience.

Veterinary malpractice is a serious issue that can have lasting consequences, both physically for your pet and financially for you. Whether the malpractice involves improper treatment, misdiagnosis, or neglect, the consequences can be significant. If you believe your pet has been the victim of veterinary malpractice, you may be entitled to compensation.

Located in Raleigh and Nags Head, North Carolina, our firm strives to help guide you through filing a veterinary malpractice claim. With years of experience handling veterinary malpractice cases, we’re dedicated to seeking justice for your pet. Reach out to our firm today to discuss your case.

What Is Veterinary Malpractice?

Veterinary malpractice occurs when a veterinarian fails to provide the appropriate standard of care to an animal, resulting in harm or injury. This can involve a wide range of actions, from misdiagnosing an illness to performing unnecessary or incorrect procedures. When a veterinarian is negligent in their duties, the consequences can be severe.

The key aspect of veterinary malpractice cases is proving that the veterinarian didn’t meet the expected standard of care. This standard is determined by the norms and practices accepted within the veterinary field. When a veterinarian deviates from those accepted standard practices, they may be liable for malpractice.

Understanding how veterinary malpractice is defined is an important first step in determining whether you have a viable case.

Common Examples of Veterinary Malpractice

Veterinary malpractice can take many forms, and not all cases are immediately obvious. Some common examples of negligence that may be considered malpractice include:

• Misdiagnosis or delayed diagnosis: A failure to accurately diagnose your pet’s condition or a delay in diagnosing a serious illness can lead to severe consequences, including unnecessary suffering and the need for more extensive treatment later on.

• Improper surgical procedures: If your veterinarian performs surgery incorrectly or negligently, this can result in lasting damage to your pet or even death. Mistakes during surgery may include incorrect incision placement, failure to follow sterilization protocols, or leaving foreign objects inside the animal.

• Medication errors: Administering the wrong medication, incorrect dosages, or failing to account for potential allergies can lead to adverse reactions or other health complications for your pet.

• Failure to monitor: After a procedure, your pet should be carefully monitored for signs of complications. If a veterinarian fails to adequately monitor your pet’s recovery, it can lead to preventable harm.

• Failure to inform owners: Veterinarians have an obligation to communicate treatment risks, alternative options, and the potential consequences of their actions. Failing to provide this information can lead to malpractice claims.

If any of these examples led to an injury for your pet, you may have grounds to file a veterinary malpractice claim. However, it's important to consider the severity of the injury or harm caused by the veterinarian's negligence, whether the veterinarian followed standard industry practices, and whether your pet's condition worsened due to improper care before filing a claim.

How to Pursue a Veterinary Malpractice Claim

If you believe your pet has been the victim of veterinary malpractice, it’s crucial to act quickly. The first step is to seek another veterinarian for a second opinion, making sure that your pet’s health and well-being are addressed. 

In some cases, another vet may be able to confirm whether the initial treatment was inappropriate or negligent. Gathering documentation, including medical records, bills, and testimony from other professionals, will be crucial to building your case.

Next, you should consult with an experienced veterinary malpractice attorney in Raleigh. At the Law Offices of C. Melody Davalos, PLLC, we have the knowledge and resources to investigate your claim thoroughly. We’ll help determine whether malpractice occurred and guide you through the legal steps to seek compensation for damages.

The legal process may include filing a complaint with the appropriate licensing board, engaging in negotiations with the veterinarian’s insurance company, or pursuing a lawsuit. While most cases are resolved through settlements, it’s important to have skilled legal representation to make sure that your interests—and those of your pet—are fully protected.

What Damages Can Be Recovered in Veterinary Malpractice Cases?

In veterinary malpractice cases, damages can vary depending on the severity of the harm caused and the laws in your jurisdiction. Typically, the following types of damages may be available:

• Medical expenses: This includes the costs of additional treatments required due to the malpractice, including surgery, medications, or follow-up care.

• Emotional distress: Pet owners may experience emotional suffering due to the harm caused to their pets. While compensation for emotional distress may vary, some jurisdictions allow for these damages in veterinary malpractice cases.

• Loss of companionship: In some cases, if the malpractice leads to the death of your pet, you may be able to claim damages for the loss of companionship and the emotional toll this takes.

• Punitive damages: In cases where the veterinarian’s actions were particularly egregious, punitive damages may be awarded to punish them and deter similar behavior in the future.

Before filing a veterinarian malpractice claim, it's important to consider the severity of the harm caused by the malpractice, whether the malpractice resulted in financial loss or long-term emotional consequences, and your ability to prove negligence or wrongdoing on the veterinarian’s part.

Steps for Filing a Veterinary Malpractice Claim

The timeline of a veterinary malpractice claim can vary depending on several factors. On average, the length of time your claim can take will largely depend on the intricacy of your case and whether it goes to trial. However, most cases follow these specific steps:

• Initial consultation: This is when you meet with your veterinary malpractice attorney in Raleigh to discuss the facts of your case and determine whether you have a strong claim for veterinary malpractice.

• Investigation and discovery: Once you hire an veterinary malpractice attorney in Raleigh, they’ll begin investigating your claim. This may involve gathering medical records, speaking with professional witnesses, and obtaining second opinions from other veterinarians.

• Negotiation and settlement: In many cases, the veterinarian’s insurance company may offer a settlement to resolve the case without going to court. Your veterinary malpractice attorney in Raleigh will negotiate on your behalf to make sure that you receive fair compensation.

• Filing a lawsuit: If a settlement can’t be reached, your veterinary malpractice attorney in Raleigh may file a formal lawsuit, and the case will proceed to trial.

• Trial and resolution: If the case goes to trial, a judge or jury will determine whether the veterinarian is liable for malpractice and how much compensation should be awarded.

The process can take anywhere from several months to a few years, depending on the circumstances, so it’s important to consult with a veterinary malpractice attorney who will guide you through the process and make sure your rights and your pet’s well-being are prioritized.

What Pet Owners Can Do to Prevent Veterinary Malpractice

While there’s no way to guarantee that veterinary malpractice won’t happen, there are steps pet owners can take to protect their pets and make sure they’re receiving the appropriate level of care:

• Research your veterinarian: Take the time to research the qualifications, reviews, and reputation of any veterinarian you’re considering. Ask for recommendations from other pet owners and verify the vet’s credentials.

• Ask questions: Always ask your veterinarian questions about your pet’s diagnosis, treatment options, and the potential risks involved. A good vet will be open and transparent about your pet’s care.

• Stay involved in your pet’s care: Be proactive about your pet’s health. Monitor their condition and follow up with the veterinarian if anything seems unusual or if your pet isn’t improving as expected.

• Get a second opinion: If you’re ever unsure about a diagnosis or treatment plan, don’t hesitate to seek a second opinion from another qualified veterinarian.

By being proactive and informed, you can help reduce the risk of veterinary malpractice and make sure that your pet receives the best possible care. If you suspect veterinary malpractice, reach out to an experienced attorney as soon as possible.