Compensation For Substandard Pet Care

Our pets are beloved members of our families. We love them and care for them as we would a child. In return, they love us and add joy to our days.

When a pet becomes ill, we may notice that it is lethargic and not eating well. In our attempt to give the best care and find answers, we take it to a veterinarian clinic for an examination. But what happens when the veterinarian fails to make a correct diagnosis?

In a recent case, our client brought his Bichon Frisé, Lulu, (all names changed) to the veterinarian because Lulu was bleeding from the mouth. The veterinarian had been treating the dog for six years. Upon examination, it was found that Lulu had suffered a slab fracture of an upper right premolar and had significant tartar buildup on her teeth.

Dr. Vet recommended dental prophylaxis and extraction of the fractured tooth. When our client brought Lulu back to the veterinary clinic for the dental procedure, a complete blood count and chemistry panel was done before the procedure. According to Dr. Vet, the blood work was normal, and he proceeded to perform the tooth extraction and cleaning. The surgery went well.

Unfortunately, Dr. Vet did not interpret the blood work and bleeding gums properly. In fact, Lulu’s blood work revealed low platelets and high levels of reticulocytes, which suggested a more serious underlying disease than a broken tooth, potentially making Lulu a poor candidate for surgery. Further diagnostic tests should have been performed, which would have revealed that Lulu had hepatic lymphosarcoma/leukemia (low grade) and splenic lymphosarcoma (intermediate to high grade).

When Lulu’s health continued to decline after the surgery, our client brought Lulu back to the veterinarian and further blood work was completed. Again, Dr. Vet misinterpreted the blood work, which revealed severe anemia and indicated significant infection. Dr. Vet should have recommended taking Lulu to the emergency clinic. Sadly, Lulu suffered and died.

Our client came to us, and we were able to investigate the case and obtain a settlement from Dr. Vet’s veterinary malpractice insurance company. Fortunately, our client had made a complaint to the Maryland Department of Agriculture Board of Veterinary Medical Examiners, which had reprimanded Dr. Vet.

Maryland law provides compensatory damages to owners for tortious injury to or death of a pet. Currently, the cap is $10,000. However, it will increase to $25,000 on October 1 due to the passage of a bill in the recent legislative session. Under the law, “‘Compensatory damages’ means: (I) In the case of the death of a pet, the fair market value of the pet before death and the reasonable and necessary cost of veterinary care, and (II) In the case of an injury to a pet, the reasonable and necessary cost of veterinary care.”

If your beloved pet is injured by anyone, including veterinary care providers, you will have questions about these issues. You should consult with an attorney who is familiar with this area of the law and who will assist you in making informed decisions. If you need further information regarding this subject, contact the Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 302, in Millersville. Call 410-244-1189 or email david@diggslaw.com.