Lawyers.com > Understand Your Legal Issue > Animal Law > Veterinarian Malpractice - Is it Worth Suing?

Because animals are considered property, if your pet is injured or killed,

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you must file a lawsuit to recover damages. This is true even if it's your veterinarian who inflicted the harm. Veterinarian malpractice lawsuits aren't common, though, because the measure of damages for the loss of a pet in most states is the market value of the pet--i.e., the amount of money someone else would pay for an identical pet of the same age, breed, and condition. A few states allow causes of action for emotional distress and loss of companionship, but awards for an owner's mental suffering are the exception rather than the rule.

Veterinary malpractice lawsuits often don't make economic sense because of the limited amount of damages available. The truth is your lawyer's fees may be more than you're able to recover in court. An alterative is to file your lawsuit in small claims court where you won't have the cost of a lawyer. But even then, a lawsuit will unlikely make up for the loss of a treasured animal companion.