In animal treatment, especially for valuable animals such as horses, any medical errors can lead to serious negative consequences. Misdiagnosis or improper treatment can worsen the animal’s health condition and, in extreme cases, result in its death. This raises the question: can a veterinarian who commits a medical error be held civilly liable? This article examines the issue by analyzing civil law provisions and the circumstances under which claims can be pursued against a veterinarian.
Legal Status as of November 27, 2024
Veterinary Practice in Poland – Preliminary Considerations
Veterinarians operate within the framework of a professional self-governing body. Their activities are regulated by the Act of December 21, 1990, on the Profession of Veterinarian and Veterinary Chambers (hereinafter referred to as the “Veterinary Act”). The legislator defines the practice of this profession as:
the protection of animal health, veterinary protection of public health and the environment, particularly through:
See Article 1 of the Veterinary Act.
- examining the health condition of animals;
- diagnosing, preventing, and combating animal diseases;
- treating animals and performing surgical procedures;
- issuing veterinary opinions and certificates;
- inspecting slaughter animals, meat, and other animal products;
- overseeing animal trade and the sanitary-veterinary conditions of facilities where animals are gathered or animal products are processed;
- evaluating and inspecting the veterinary quality of feed and medicated feed, including their production and distribution;
- administering veterinary medicinal products as prescribed;
- issuing prescriptions for medicinal products, excluding veterinary medicinal products for animal use.
A veterinarian is required to practice the profession with due diligence, adhering to the principles of veterinary ethics and deontology. Members of the veterinary profession are subject to professional liability for actions contrary to these principles.
Civil Liability of Veterinarians in Poland – Legal Basis
Under the provisions of the Civil Code Act of April 23, 1964 (hereinafter referred to as the “Civil Code”), veterinarians, like any other professionals, bear responsibility for their actions. This responsibility can be contractual or tortious (arising from unlawful acts).
In the context of animal treatment, it is crucial to distinguish between contractual and tortious liability. Contractual liability arises from the agreement between the animal owner and the veterinarian. In contrast, tortious liability pertains to damages caused by actions or omissions outside the scope of the agreement.
Contractual liability arises from improper performance or non-performance of the agreement. For veterinarians, this means that the service provided did not meet the required standards of diligence and medical knowledge specified in the agreement with the animal’s owner.
Tortious liability concerns damages caused by unlawful acts. If a veterinarian makes an error due to lack of diligence or actions contrary to medical standards, and the damage was avoidable, tortious liability may apply.
Examples of medical errors in horse treatment include:
- misdiagnosis,
- improper use of medications,
- negligence during surgical procedures, or
- inadequate post-operative recommendations.
Such errors can lead to the horse’s deteriorating health, disability, or even death.
How to Pursue Claims?
The basis for pursuing claims lies in proving that the veterinarian made an error and that the damage resulted from this error. Gathering medical documentation is essential. Independent expert opinions that confirm the veterinarian’s actions were improper or below standard may also be helpful.
In a civil lawsuit, the plaintiff (the horse owner) must demonstrate three elements: damage, actions inconsistent with diligence principles, and a causal link between them.
Legal Consequences for Veterinarians
A veterinarian found guilty of a medical error may be required to pay compensation. They may also be obligated to cover treatment costs and reimburse the owner’s financial losses. Additionally, in cases of gross violations, veterinarians may face disciplinary sanctions imposed by a veterinary professional court.
Many veterinarians carry liability insurance. This ensures that, despite a court-ordered compensation, their personal assets remain protected.
Author: Witold Łukasik – lawyer
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