Dissertation Diaries – The Age of Veterinary Malpractice (Part 3)

Hello, me again! Last time, we discussed the major problems within the veterinary profession. Since then, I have had some changes behind the scenes and I’ve now been appointed a new dissertation tutor and now have a clearer direction for my dissertation overall! Yes, I’ve been appointed a new tutor 3 months before it’s due!

To understand why the problems are so great within the veterinary field, the legal position of an animal must be understood first. It’s clear to anyone studying law that animals are not considered sentient beings and therefore negligence cannot be pursued in the same way as medical negligence. Animals to this day are still considered property. However, the law surrounding animals is very complex and can be hard to navigate.

Historically, only food or draught animals had any sort of legal status. This dates back to when horses were used as transport and animals were mostly used for their meat. The only reason these animals had any sort of legal status is because they tended to be objects of theft or abuse. Hence, due to their financial value, they were given legal protection in 1822. Back then, an animal’s only real value was their extrinsic value, their actual worth or how much you could sell them for.

Nowadays, people considered their pets to be a part of the family and therefore have more intrinsic value and worth. However, the law has not followed the change in society. The law may now recognise that animals have specific welfare needs, but their value is still the same. In cases of negligence, where the animal has died or been injured, the owner is only awarded damages based on the animal’s extrinsic value. Sentimental value is not even considered. I know that if my kitten died as a result of veterinary negligence, I wouldn’t just want to be awarded his actual worth, I’d want some form of damage for emotional distress.

Although the UK has been slow to adopt society’s new outlook, other jurisdictions haven’t been as slow. Florida in particular is exceptionally forward-thinking. In a case called LaPorte v Associated Independent, a bin man maliciously threw an empty bin at a pedigree dog, killing the poor dog. The court held that the affections of the owner towards the dog were so great that damages should be awarded based on the malicious destruction of the dog. Another case used this idea and awarded the damages for the owners ‘mental pain and suffering’ when their dog suffered serious burns after being left unattended at a veterinary hospital on a heat pad.

The Animal Welfare Act 2006 provides other guidance as to where animals stand within the law. It includes complex definitions of what animals are awarded protection by the law, who is responsible for an animal and what welfare standards animals can expect. This delves more into animal rights, which I’m not really focusing on within my dissertation.

My dissertation’s direction will surround the law and regulation of the veterinary profession and what changes need to be made in order to protect the animals. A major contributor within veterinary regulation is the Royal College of Veterinary Surgeons. I’ll need to look at who they are and what they do for the profession…

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By Sasha Brady (@lawbabyx)

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