Understanding Veterinary Malpractice Laws in California

When it comes to the health and well-being of our beloved animal companions, finding a trustworthy and ethical veterinarian is paramount. Unfortunately, there are instances where pets may fall victim to veterinary malpractice or negligence. In California, the Veterinary Medical Board oversees and regulates the practice of veterinary medicine to protect both animals and their owners.

Veterinarian Negligence is defined as

a veterinarian failing to use the reasonable skill, diligence, and attention that would be expected of a careful, skillful, and trustworthy professional. Boarded specialists are held to a higher standard because of their advanced training. 

Veterinary neglect in California is when a veterinarian acts incompetently, such as by: Failing to perform a thorough exam, Misreading diagnostic test results, Selecting an inappropriate treatment, Performing a treatment without consent, and Recording health-related information inaccurately. 

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In order to discharge this duty, you must act competently at all times. Examples of negligence with regard to this duty include:

• Failing to perform a thorough exam.

• Misreading the results of diagnostic tests.

• Selecting an inappropriate treatment.

• Performing a treatment without consent.

• Recording health-related information inaccurately

Supervise Staff

Veterinarians are responsible for their own actions, as well as the actions of their staff members. In fact, under a legal theory known as “respondeat superior,” you can even be held legally liable when your employees are negligent.

For example, assume an inexperienced and unsupervised employee is instructed to administer medication to a patient in Room 1 but accidentally administers the medication to a patient in Room 2. In this case, both patients may suffer side effects, and you can be held responsible for any and all of the consequences. Thus, it is essential to supervise staff members responsibly at all times. (Daniel L. Baxter)

Daniel L. Baxter https://www.primerus.com/article/explanation-legal-duties-california-veterinarians#:~:text=In%20order%20to%20discharge%20this,Recording%20health%2Drelated%20information%20inaccurately