Recognising the difference between negligence and poor customer service
As a horse owner, it’s likely that at some point, your beloved animal will require veterinary care. While most experiences with vets are positive, what happens when things go wrong? How do you distinguish between a situation where you should file a complaint for poor customer service and a case of negligence, where your vet may have failed in their duty of care – and you may have incurred costs as a result?
Poor Service or Professional Negligence?
It’s important to know the difference between a simple service complaint and negligence. A complaint might arise if, for instance, your horse’s recovery takes longer than expected due to delays in getting an appointment. While frustrating, this would generally be classed as poor service and wouldn’t give rise to a legal claim.
Negligence, on the other hand, occurs when a vet or veterinary nurse fails to meet the standard of care expected of their profession, and this directly causes you to suffer a loss—be it financial or otherwise. In legal terms, this means that the professional’s actions (or lack thereof) have fallen short of what is expected from a reasonably competent vet or nurse, leading to harm.
What Is Veterinary Negligence?
Your vet owes you a duty of care, which means they should exercise a reasonable level of skill and judgment in treating your horse. When this duty is breached, and it results in a loss – such as additional vet fees, reduced value of your horse, or even a diminished athletic ability (if your dressage champion is no longer able to compete, for example) you may have a claim for negligence.
However, it’s also important to remember that veterinary treatment isn’t always an exact science. Even when everything is done correctly, an outcome can still be poor or unexpected without negligence being involved.
The Legal Framework: Consumer Rights and Duty of Care
When you take your horse to the vet, a contract is created between you and the vet. Under the Consumer Rights Act 2015, the vet must perform their services with “reasonable care and skill.” If they fail to meet this standard and it causes a financial loss, you could be entitled to make a claim.
For example, if your horse was treated for a minor condition but ended up losing its ability to compete due to the vet’s mishandling, this would be considered negligence, as the loss was directly caused by the vet’s actions.
What Can You Claim For?
If you have a negligence claim, the focus will be on what financial loss you’ve suffered as a result of the vet’s actions. This could range from additional veterinary costs to far more significant losses, such as the devaluation of your horse or its loss of athletic ability.
Imagine your horse was once a promising show jumper or dressage competitor, but due to improper treatment, it can no longer compete. Your losses could go beyond vet bills, extending to the cost of equipment and the reduced value of your horse. These financial losses are part of what you can claim for – if they stem directly from the vet’s negligence.
When Should You Seek Legal Advice?
If you believe your vet has been negligent and it has led to a financial loss, it may be worth seeking legal advice. Jacksons Law Firm’s Equine Services Department has years of experience dealing with veterinary negligence cases and is ready to help.
For more information or to discuss your case, contact Emily Skillcorn at Jacksons Law Firm on 01642 356549.
