How To Defend Yourself in a Veterinary Malpractice Lawsuit
If you misdiagnosis an animal or prescribes the wrong course of treatment, you could be sued for malpractice.In a malpractice lawsuit, the animal's owner will argue that a competent vet wouldn't have made the same mistake and that the mistake injured their animal.If you want to defend against a malpractice claim, you should reconstruct the treatment you gave the animal.You should also talk to a lawyer.
Step 1: The complaint should be read.
You can start the lawsuit by filing a complaint.The person will be called the "plaintiff" in the lawsuit.You will be accused of committing malpractice by the person who is entitled to money as compensation.You will get a copy of the complaint along with the summons.How long you have to respond will be determined by the summons.The deadline for responding should be highlighted in each document.
Step 2: The alleged malpractice needs to be identified.
Specific facts are needed to file a lawsuit for malpractice.You should check the complaint to see if there is a claim that your failure to act in a careful manner caused the animal's injury.
Step 3: Call your insurance company.
You should contact your malpractice insurer if you receive notice of the complaint.Find the phone number by taking out your policy.You should give the insurer a summary of the treatment you gave the animal, as well as the owner's name.
Step 4: Hire a lawyer.
You should meet with an attorney as soon as possible.If you don't have a lawyer, you can ask other vets in your area if they would recommend one.You can set up a consultation by calling.If you don't have any referrals, you can get one from your local or state bar association.
Step 5: Do you remember the treatment you gave?
The treatment you gave to the animal should be discussed with your lawyer.Discuss what information you knew about the treatment.All records related to the animal should be brought to your consultation with the attorney.You treated the animal.Write down the owner's description of what was wrong with the animal.A list of drugs for the animal.
Step 6: Come up with defenses.
Discuss your possible defenses with your lawyer.The facts of your lawsuit will determine the precise defense you raise.You were careful when treating the animal.The death of the animal is not proof that you committed malpractice.The generally accepted treatment might have been prescribed by you.You did not commit malpractice if you acted in a competent manner.The animal's injury was not caused by your actions.The animal's injuries were caused by your actions.An animal can die.If the animal was already sick when you treated it, it might have been the cause of death.If you gave emergency care to an animal at the scene of an accident, your state law might not require you to follow the normal standard of care.The person waited too long to file a lawsuit.Depending on your state's statute of limitations, the owner of an animal can only file a lawsuit for up to three years.You can dismiss the case if the person waited too long.
Step 7: Pick an answer.
The answer to the lawsuit will be filed in court.You respond to each allegation made in the complaint in this document.You have to agree or disagree with each allegation.Your lawyer should draft the answer for you.Before the lawyer files it, you should see a copy.You cannot take the allegation back at a later date if you admit to it in your answer.The answer should always be checked for accuracy.
Step 8: The answer should be filed.
Your lawyer will file the answer in court.The copy must be served on the person.
Step 9: You can sit for a deposition.
You can request information from the other person after you file your answer.You will have to give a deposition in a veterinary malpractice case.Don't volunteer information when giving your deposition.You should not answer any questions.Bring any requested documents.There's no reason to bring anything that isn't requested.The other side should ask for the information.Listen closely to each question.Ask the lawyer to say it in a different way if you don't understand it.You should never guess or speculate if you don't know what the answer is.Don't make jokes.Depositions can be very tense and you don't know how the other side will respond.You can consult with your lawyer whenever you please.I think I need to talk to my attorney.
Step 10: Settlement negotiations should be proposed.
An incentive exists for the animal owner to settle.The amount of compensation the owner can get will be less than the cost of the lawsuit.The person might propose a settlement for this reason.Your insurance carrier might propose it if you don't.In settlement negotiations, you meet with your lawyers.Settlement is about both sides giving up something in order to reach an agreement.You might have to pay the person some money.You can have the lawsuit dismissed.
Step 11: Prepare for negotiations.
Settlement negotiations will be led by the claims adjuster if you have an insurer.Your insurer knows how much the injury is worth and how strong the case is.You should offer your input at the negotiations.If you don't have an insurance company, you and your lawyer should come up with a walkaway number.If you want to settle the lawsuit, you have to give a maximum amount of money.Settlement negotiations can be stopped if the lawsuit doesn't come down to your number.To come up with a number, you need to know how strong the case is.You should know if you made a mistake when treating the animal based on your experience.If you did, you might want to settle for less than the asking price.If the plaintiff has a weak case, you might not want to settle unless she agrees to only 50% of what she is asking.
Step 12: Take part in mediation.
In mediation, the parties meet with a neutral third party to discuss the dispute.The mediator is skilled at listening to you and nudging you to a solution that you can both live with.The mediation does not act like a judge.At any time, you can leave.If you are interested in mediation, you should contact your local courthouse.The local bar association has a list of mediators.
Step 13: A settlement agreement should be drafted.
If you reach an agreement with the person, you should write it down.The settlement agreement becomes a contract between you and the person.It's important to sign it.The settlement agreement should be drafted by your lawyer.The mediation can help if you participated.Make sure your attorney releases you from the settlement agreement.The release will prevent the lawsuit from being re-filed because of the same allegations.The release should say something like this: "After payment of the Settlement Payment in full, the Settling Plaintiff, for itself and its assigns and successors, hereby discharges and releases theSettling Defendants and their officers, directors, partners, employees, shareholders, insurers, heirs, executors, and
Step 14: The settlement agreement should be submitted to the court.
The lawsuit will be dismissed if you reach an agreement.You can attach the settlement agreement.You should keep a copy of the settlement agreement with you.
Step 15: An expert witness is needed.
Most of the evidence will be about whether you acted in a careful manner.If you want to prove this, you have to have another vet testify as an expert.The expert gives an opinion about the treatment.An expert will be needed to prove that the treatment caused the animal's injury.It's possible that experts can be expensive.You will have to pay them hourly for their services, which will include preparation time and time spent giving a deposition and testifying at trial.
Step 16: Pick a group of people.
The case will begin with jury selection.There might be no jury if you are sued in small claims court.You will probably have one in civil court.Prospective jurors are called to the jury box where the judge will ask them questions.If you think a juror can't be fair, you can ask the judge to excuse the person for cause.There should be a limited number of peremptory challenges.If you want to remove someone who admits to having pets, you might use a peremptory challenge.
Step 17: There is evidence present.
Both parties present evidence at trial.The person who goes first will be the one who will go second.There will be a lot of witnesses and documents.An expert witness and the animal's owner are likely to testify.All of the witnesses can be cross-examined by your lawyer.
Step 18: Testify on your behalf.
The focal point of the trial is your actions.Your lawyer should have done a trial run to prepare you for testifying.Speak slowly and make eye contact with the jury when answering, remember the following tips for delivering effective testimony.The lawyer should always be asking you questions.You should be brief and to the point.Don't dodge the lawyer's question.Give your lawyer time to object.Pause after each question.Wait for the judge to rule on the objection before answering if an attorney objects.Correct all mistakes.Say, "I'm sorry, I misspoke."I need to clarify that.
Step 19: Wait for the verdict from the jury.
The jury's instructions will be read by the judge after the closing argument.The jury goes to the deliberation room to consider the evidence.If the jury believes that you committed malpractice, you will not win the case.The jury might not have to be unanimous in state court.If three-fourths or more of the jurors decide for the other, you could lose.After closing arguments have been made, the judge should deliver the verdict from the bench if the case was heard without a jury.
Step 20: An appeal can be filed.
If you lose at trial, you might want to appeal.Within 10-30 days of the entry of final judgment, you need to file a Notice of Appeal form.The costs and benefits of filing an appeal should be discussed with your lawyer.They are expensive and can take a long time.You will have to pay for your lawyer's fees and court transcripts.If your case is strong, you might not want to appeal.Should you bring an appeal, talk to your lawyer.