Literature Review: Veterinary Malpractice and Negligence
Abstract
This literature review examines the current state of research on veterinary malpractice and negligence, synthesizing evidence from legal, empirical, and professional perspectives. The analysis encompasses foundational legal frameworks, risk factors contributing to medical disputes, communication challenges, professional liability standards, and emerging trends in veterinary error management. Evidence suggests that while technical competency remains important, communication failures and interpersonal factors constitute the primary drivers of veterinary malpractice claims, with significant implications for professional education, practice management, and regulatory frameworks.
Introduction
Veterinary malpractice has emerged as an increasingly significant concern within veterinary medicine, paralleling trends observed in human healthcare but presenting unique challenges related to the property status of animal patients and the triadic nature of the veterinarian-client-patient relationship. The field of veterinary malpractice research has evolved considerably over recent decades, transitioning from basic definitional frameworks to sophisticated analyses of risk factors, communication patterns, and professional impact.
This literature review synthesizes current evidence on veterinary malpractice and negligence, examining both established findings and emerging developments. The analysis draws from legal scholarship, empirical research, and professional guidance to provide a comprehensive understanding of this complex field.
Legal and Definitional Perspectives
Foundational Legal Frameworks
The legal foundation of veterinary malpractice differs significantly from human medical malpractice due to fundamental differences in patient status and the nature of the professional relationship. Dzikowski and Szarek (2025) provide crucial clarification regarding the distinction between "medical errors" and "veterinary errors," emphasizing that true errors must involve actual harm or negative consequences. Their analysis challenges the common practice in veterinary literature of classifying "near misses" or "harmless events" as errors, arguing that such classification undermines the precise legal meaning of malpractice.
Minelli (2008) traces the historical development of veterinary malpractice law in Illinois, noting that malpractice claims were originally unavailable against veterinarians due to confusion over duty of care relationships and the property status of animals. This legal evolution reflects broader societal changes in the perception of animal welfare and the veterinarian's professional role.
Standards of Care and Professional Duty
The establishment of professional duty of care represents a critical component of veterinary malpractice law. Minelli (2008) describes how veterinary duty of care has both statutory and common law foundations, with the Illinois Veterinary Practice Act creating an affirmative duty toward animal patients. The reasonable veterinarian standard, parallel to medical malpractice standards in human healthcare, requires veterinarians to exercise the same level of care that a reasonable veterinarian would provide under similar circumstances.
Significantly, this standard has not been subject to locality rules that historically limited medical malpractice cases, reflecting public policy objectives of maintaining uniformly high veterinary care standards. The duty encompasses multiple activities including diagnosis, medication dispensing, surgical procedures, and provision of competent veterinary advice.
Types of Liability
Dzikowski and Szarek (2025) identify three distinct types of liability in veterinary practice:
Civil Liability: Primarily pecuniary in nature, typically pursued through state civil courts. This liability stems from contractual breaches resulting from insufficient professional diligence. The standard required of veterinarians is notably higher than that of ordinary citizens, reflecting both the professional nature of veterinary services and the public trust aspects of the profession.
Professional Disciplinary Liability: Enforced by state-recognized professional bodies such as veterinary licensing boards and ethical committees. Violations of professional norms can result in sanctions ranging from continuing education requirements to license revocation.
Criminal Liability: May arise when veterinary errors constitute breaches of animal protection law, pharmaceutical regulations, or other statutory requirements.
Risk Factors and Communication Issues
Prevalence and Contributing Factors
Current evidence suggests increasing concern about veterinary malpractice prevalence, with litigation anxiety growing within the profession. This heightened concern has led many practitioners to adopt defensive practices aimed at minimizing liability risks, though such approaches may not adequately address underlying issues of substandard care.
Evolving Risk Perceptions
Chen et al. (2023) conducted a significant longitudinal study comparing veterinarian and veterinary student perceptions of medical dispute risk factors between 2014 and 2022. Their research reveals important shifts in professional understanding of malpractice risks. In 2022, the most significant risk factors identified were attitudes during interactions, complaint management, and medical expenses, representing a notable change from 2014 when medical expenses, client perspectives, and attitudes during interactions were prioritized.
This temporal shift suggests increasing professional awareness of communication and interpersonal factors in malpractice prevention. Experienced veterinarians in 2022 identified attitudes during interactions and complaints management as top risks, while inexperienced practitioners continued to emphasize medical skills and expenses.
Communication as Primary Risk Factor
Multiple studies consistently identify communication failures as the predominant factor in veterinary malpractice claims. Chen et al. (2023) note that 80% of claims contain communication breakdown elements, with poor communication being the primary determinant in clients' decisions to initiate malpractice claims rather than quality of care issues. Russell et al. (2022) documented how communication problems appear in the vast majority of alleged professional negligence cases, with failures occurring across multiple domains including content, context, channel, system, and perspective issues.
The research by Gibson et al. (2022) provides detailed qualitative insight into communication problems, identifying five main categories:
Content Problems: Including insufficient, absent, or incorrect information transfer Context Problems: Environmental and temporal factors affecting communication Channel Problems: Poor matching of communication modes to required functions System Problems: Organizational culture and staffing issues Perspective Problems: Difficulties in incorporating different viewpoints into care delivery
Gender and Experience Differences
Chen et al. (2023) identified significant demographic differences in risk perception. Female veterinarians demonstrated significantly higher overall risk perception scores in 2022 compared to males, particularly regarding client perspective-related disputes. Experience also influences risk assessment, with experienced veterinarians showing greater concern about medical expenses compared to inexperienced practitioners.
Professional Impact and Practitioner Experiences
Emotional and Professional Consequences
Gibson et al. (2022) conducted the first major qualitative exploration of UK veterinary practitioners' experiences with client complaints, revealing substantial emotional and professional impacts. Their findings challenge assumptions about complaint management and highlight the need for improved support systems.
Practitioners described complaints as generating intense emotional responses, including feelings of hurt, frustration, and professional inadequacy. The study identified particular challenges with vexatious complaints and clients perceived as financially motivated in their pursuit of allegations. The emotional burden was compounded by perceived lack of reciprocal empathy from clients and concerns about public reputation damage.
Defensive Practice Implications
Gibson et al. (2022) documented concerning trends toward defensive practice among veterinarians experiencing complaints. Practitioners reported increased caution in treatment approaches, reluctance to perform certain procedures, and heightened anxiety about client interactions. This defensive posture raises concerns about potential negative impacts on animal care quality and practitioner wellbeing.
Professional Support Systems
The research highlights significant gaps in professional support systems for veterinarians facing complaints. Gibson et al. (2022) emphasize the need for timely, transparent, and respectful communication during complaint management and investigation processes, along with tailored emotional support for affected practitioners.
Informed Consent and Documentation
Consent in Veterinary Practice
Gray (2020) conducted groundbreaking research on informed consent in veterinary practice, highlighting unique challenges arising from the triadic relationship between veterinarian, client, and animal patient. Unlike human medicine, where consent is based on patient autonomy, veterinary consent involves complex interactions between animal welfare, client autonomy, and professional judgment.
Gray's research revealed three key findings regarding consent practice:
Consent forms should serve as comprehensive records of consent discussions rather than mere legal documents
Appropriate balance must be achieved between client autonomy and patient "best interests"
Consent should provide protection for all three parties: client, patient, and veterinary professional
Documentation Standards
Proper medical record maintenance emerges as a critical component of malpractice prevention. Minelli (2008) identifies record keeping as one of three primary veterinary duties, alongside patient care and public responsibility. Adequate documentation serves both legal protection and error prevention functions, though research on the specific relationship between documentation quality and malpractice risk remains limited.
Financial and Damages Considerations
Compensation Frameworks
Traditional compensation frameworks for veterinary malpractice have been constrained by the property status of animals, typically limiting recovery to market value. However, Minelli (2008) documents evolving judicial recognition of "loss of companionship" factors in damage calculations, suggesting expansion beyond purely economic valuations.
Recent legislative proposals, such as Florida's "Iluka's Law" draft legislation, propose enhanced civil liability frameworks including:
Reasonable compensation for replacement value
All veterinary expenses resulting from malpractice
Emergency veterinary costs for life-saving treatment
Court costs and attorney fees
Punitive damages in cases of gross negligence
Insurance and Financial Protection
Professional liability insurance requirements are increasingly recognized as essential components of veterinary practice. Proposed legislation suggests minimum coverage requirements of $250,000 per occurrence and $500,000 aggregate annually, reflecting growing awareness of potential financial exposure.
Recent Developments and Emerging Trends
Educational and Training Implications
Sheats et al. (2021) contribute to understanding of veterinary education quality through their development of low-fidelity training models for equine castration, representing broader efforts to improve veterinary education through simulation and standardized training approaches. Such developments suggest increasing attention to systematic approaches to skill development and error prevention.
Professional Culture Evolution
The literature reveals ongoing debates about professional culture approaches to error management. Dzikowski and Szarek (2025) present a critical perspective on "no-blame culture" movements, arguing that excessive focus on perpetrator welfare may undermine accountability and inadequately address animal suffering and owner losses.
This tension reflects broader discussions about balancing professional support with appropriate accountability measures, particularly given elevated suicide rates among veterinarians and concerns about professional burnout.
Regulatory Evolution and Criminal Oversight Proposals
Recent developments in veterinary regulation reflect increasing sophistication in complaint handling and professional oversight. Gibson et al. (2022) note recent changes in RCVS investigation procedures following extensive consultation periods, suggesting ongoing evolution in regulatory approaches.
A particularly significant development involves growing recognition that current civil remedies may be insufficient to address severe cases of veterinary negligence. This evolution supports arguments for enhanced oversight mechanisms, including potential criminal sanctions for the most egregious cases.
The emerging recognition that negligence standards in veterinary medicine should be as stringent as those in human medicine has led to proposals for criminal oversight frameworks. Such enhanced accountability measures could serve multiple functions:
Providing stronger deterrence against negligent practices
Ensuring appropriate accountability for severe cases of animal suffering
Protecting public trust in veterinary medicine
Complementing existing civil remedies with proportionate consequences
Legislative proposals, such as Florida's "Iluka's Law," exemplify this trend by introducing criminal penalties for veterinary professionals who cause preventable harm through negligent acts or gross negligence, with graduated sanctions based on severity and pattern of offenses.
Implications for Practice and Policy
The evolving understanding of veterinary malpractice and negligence presents significant opportunities for advancing both veterinary education and professional practice standards. Current research consistently demonstrates that effective malpractice prevention requires integrated approaches encompassing enhanced communication training, systematic risk management, and comprehensive professional support systems.
Educational institutions are increasingly recognizing the need to expand veterinary curricula beyond traditional clinical competencies to include sophisticated communication skills training, legal and ethical framework understanding, and comprehensive client relationship management. These educational enhancements reflect growing awareness that technical proficiency alone is insufficient for modern veterinary practice, where interpersonal dynamics play crucial roles in both patient outcomes and professional liability management.
Contemporary practice management approaches emphasize the importance of systematic communication protocols, particularly regarding treatment option discussions, risk disclosure, and cost transparency. Professional practices are developing comprehensive record-keeping systems that serve dual functions of supporting clinical decision-making while providing legal protection. Advanced complaint management strategies focus on professional approaches that balance client satisfaction with appropriate practitioner support, recognizing that effective complaint resolution can strengthen rather than undermine veterinary-client relationships.
The regulatory landscape continues to evolve toward more sophisticated professional oversight mechanisms. Policy development increasingly emphasizes evidence-based standards for veterinary care that appropriately balance animal welfare considerations with practical constraints of modern practice environments. Enhanced professional support systems are being developed to assist veterinarians experiencing complaints or adverse events, while appropriate professional liability insurance frameworks are being designed to protect both practitioners and clients.
Future research opportunities include expanding investigation into organizational factors that contribute to error prevention, developing understanding of team-based care dynamics in modern veterinary settings, and evaluating the integration of technological advances in risk management strategies. The growing emphasis on longitudinal studies promises to provide more comprehensive insights into error patterns and prevention effectiveness over extended periods.
These developments suggest a maturing field that increasingly recognizes the complexity of veterinary malpractice prevention while developing sophisticated approaches to professional education, practice management, and regulatory oversight that serve the interests of practitioners, clients, and animal patients alike.
Conclusion
The literature on veterinary malpractice and negligence reveals a field in significant evolution, characterized by increasing sophistication in understanding risk factors, communication challenges, and professional impacts. While foundational legal frameworks continue to develop, empirical research consistently emphasizes the predominance of communication and interpersonal factors over purely technical competency issues in malpractice causation.
Key findings include the critical importance of effective client communication, the substantial emotional impact of complaints on veterinary practitioners, and the need for balanced approaches to professional accountability that protect both animal welfare and practitioner wellbeing. The literature suggests that effective malpractice prevention requires integrated approaches encompassing education, practice management, regulatory oversight, and professional support systems.
Future research priorities should include large-scale longitudinal studies of malpractice patterns, development of evidence-based prevention strategies, and comprehensive evaluation of different regulatory and support frameworks. The field would benefit from increased attention to systematic organizational factors, interdisciplinary team dynamics, and the integration of technological advances in risk management.
The evolving nature of veterinary-client relationships, changing societal expectations regarding animal care, and increasing professional pressures on veterinarians ensure that malpractice and negligence will remain significant concerns requiring continued research attention and policy development.
References
Chen, Z.-F., Hsu, Y.-H. E., Lee, J.-J., & Chou, C.-H. (2023). Perceptions of veterinarians and veterinary students on what risk factors constitute medical disputes and comparisons between 2014 and 2022. Veterinary Sciences, 10(3), 200. https://doi.org/10.3390/vetsci10030200.
Dzikowski, A., & Szarek, J. (2025). Is it malpractice or medical failure...? Legal analysis of veterinary errors from the perspective of veterinarians. Medycyna Weterynaryjna, 81(1), 7010. https://doi.org/10.21521/mw.7010.
Gibson, J., Crossley, J., Terry, R., Cox, V., Whiting, M. C., & Boulton, C. (2022). 'We're gonna end up scared to do anything': A qualitative exploration of how client complaints are experienced by UK veterinary practitioners. Veterinary Record, 190(4), e1737. https://doi.org/10.1002/vetr.1737.
Gray, C. A. (2020). Researching consent in veterinary practice: The use of interpretive description as a multidisciplinary methodology. Methodological Innovations, 13(3), 2059799120961614. https://doi.org/10.1177/2059799120961614.
Minelli, C. R. (2008). When animal owners attack: Veterinary malpractice in Illinois. University of Illinois College of Law Student Research Papers, Available at: https://ssrn.com/abstract=1082190.
Russell, E., Mossop, L., Forbes, E., & Oxtoby, C. (2022). Uncovering the 'messy details' of veterinary communication: An analysis of communication problems in cases of alleged professional negligence. Veterinary Record, 190(3), e1068. https://doi.org/10.1002/vetr.1068.
Sheats, M. K., Miller, C. E., Ziegler, A. L., Freeman, L. M., & Kent, E. (2021). Development and formative evaluation of a low-fidelity equine castration model for veterinary education. Frontiers in Veterinary Science, 8, 658999. https://doi.org/10.3389/fvets.2021.658999.