Can you make a claim against a vet for negligence?

Question

José Manuel Alburquerque · Accepted Answer

Yes. Like a doctor, a vet undertakes to use the means their profession requires, not to cure, so you have to prove that the vet made a mistake and that the mistake caused the harm. If you prove it, you can claim the veterinary costs the mistake has caused you and, if the animal dies, its value. Since 2022 the law has recognised that animals are beings that can feel and, if a pet dies or is seriously harmed, its owner and those who lived with it can also claim non-pecuniary damage (distress). Proving the mistake usually requires a report from another vet. What you can claim The veterinary costs the mistake has caused you, such as treatment to correct it. In principle they can be claimed even if they exceed the animal's financial value, provided they are proportionate. The value of the animal, if it dies. Non-pecuniary damage, if a pet dies or suffers serious harm to its physical or mental health. It can be claimed by the owner and by those who lived with the animal. The courts set the amount case by case and tend to award moderate sums. Other expenses the mistake has caused you that you can substantiate. Catalan law does not regard animals as things either and, in principle, the Spanish Civil Code (“Código Civil”) rule on non-pecuniary damage also applies in Catalonia. How to prove it Ask in writing for a copy of the animal's clinical records, including the tests and treatments. If the animal dies, keep the body so that a post-mortem can be carried out, the examination that establishes the cause of death. It is usually the most important evidence. Commission a report from another vet explaining what was done wrong and what consequences it had. Keep the invoices, the messages and the instructions you were given. Whom to claim against and within what time limit Make a written claim against the vet or the clinic you contracted with and against their insurer. In Catalonia vets, as professionals with a university degree, must have liability insurance or an equivalent guarantee. If you claim against the clinic or the vet you contracted with, the time limit is in principle ten years if the contract is governed by Catalan law and five in the rest of Spain. If you claim against someone you did not contract with, such as the vet employed by the clinic, or if the person claiming lived with the animal but was not its owner, the time limit may be three years in Catalonia and one year elsewhere. That is why the prudent course is to make a written claim within the first year. Before suing, you must try to negotiate, as the law has required since 2025. A complaint to the Veterinary Association (“Colegio de Veterinarios”) may lead to a disciplinary sanction, but it will not get you any compensation.