Michigan Veterinary Malpractice Law
(you're screwed! BUT your vet makes out like a bandit)
Veterinarians in Michigan are getting away with murder, literally. Did you know that if a veterinarian in Michigan kills or maimes your dog or cat by being negligent he's off scott free - all he may be liable for is the veterinary bill (which of course, cost him little or nothing if he was the provider)? He's not even liable for the value of the animal. He doesn't care because, unlike human doctors that pay huge malpractice insurance fees, veterinarians get off cheap. For $300/year they can get millions in coverage - but if your dog is hurt or killed, you'll likely never see a penny. The insurance company will belittle the emotional bond and value of your pet, invoke Michigan Law as an excuse, all so that their payment is negligible even if the proof of negligence is iron-clad.
Unlike some states, Michigan law doesn't take into account that times have changed and our dogs and cats are more like our children, family members and close friends than farm animals. They sleep in our beds and are to many, "furry children". We call ourselves "pet parents" and sometimes dress them in clothes. Most vets promote this close attachment to our animals, after all, it gets us to pay larger sums for new procedures to keep them healthy and the vet wealthy. Over the last century we have gone from a rural society to an urban one. The role our pets take in our lives has changed drastically - but the law in Michigan has not. Michigan law still regards our dogs and cats as "chattel" - (an article of movable personal property). Yes, like chickens or cattle. Your "fur child" is livestock under most state laws. If a chicken is killed, his worth is that of a roaster in the deli. Michigan law puts your pet in that same category. There is no acknowledgement that our pets are more than roaster chickens!
Please ask your friends to join with us to change the law. We do not want to change ownership status of a pet to guardian, which would create other problems, but would like to create a special class or category that acknowledges the human-animal bond our domestic pets fulfill in our lives as other states have done. While veterinarians argue it will raise their malpractice insurance costs (which they would pass on in higher rates) - that is hogwash. Veterinary malpractice is more difficult to prove than human malpractice (since the pet can't testify) so it would have a negligible effect on rates. In fact, only a percentage of veterinarians pay for malpractice insurance anyway, because claims are so hard to prove. What it will do is make sloppy veterinarians accountable to patients and their owners that can prove negligence. It will also make it easier to prove malpractice when it happens. It will get bad vets off the streets and those 'practicing' medicine on your beloved pet.
If your valuable show dog must be spayed due to a veterinary surgeon harming her, he is only liable for the cost of the surgery - not her value as a show dog nor the beautiful puppies she can no longer produce. If your puppy is harmed or even killed with the wrong medication, he is only worth a refund of the vet bills you incurred trying to save his life. You don't even get the value of the dog in MIchigan if he dies, even though many people have paid thousands to buy a purebred! And neither issue addresses the emotional pain we feel or the suffering the dog goes through trying to right the wrong done to him. The veterinarian is only liable for the bill for the ill-fated procedure - if you're willing to spend thousands to make him accountable. So your vet can literally get away with killing your best friend and be out a few dollars.
Even if you can prove negligence, pain, suffering, or death, not to mention your lost wages, or the pet's burial, you can still do nothing. In Michigan he is only liable for "damages" which is interpreted as the vet bill incurred to fix or euthanize the pet, even if your expenses and pain is astronomical. Veterinarians are not accountable for much of anything and because of this they can do whatever they please to your pet , even experimental "treatments" with no basis in science, or euthanize without your consent, knowing nothing will happen to them.
While the vast majority of veterinarians are good caring professionals, the law allows the sloppy, lazy and bad vets to prosper and hurt our pets. Laws protecting humans from malpractice do not apply to our furry children. They are livestock. Today my dog was harmed, perhaps with tomorrows emergency, it will be yours. This needs to change.
Having gone through this personally - and only recently making the attempt to obtain justice - I see the need for serious change. I now regret I didn't make this case sooner. It may have saved Star or Bog's life. Please join our Facebook group "Michigan Veterinary Malpractice Law" and write your congressman that this needs to change. Tomorrow it may be your pet and if you do nothing, you'll always regret having been apathetic when you had the chance to make a difference.
More information & Helpful links...
Mulan's Horror Story
Dog Law Links
Animal Related Laws Passed or Amended in 2009