As it is now with regards to costs for veterinary practices as it pertains to liability, veterinarians are barely liable for malpractice or negligence, with only the cost of the animal and a nominal assessment for “intrinsic value” (and that is only in some states). Animals are considered property under US law, in all 50 states, and only two states (TN and IL) allow for loss of companionship to be considered in the damages awarded (small awards). So, losing your family member due to negligence on the part of a veterinarian is considered the same as losing your class ring, with the courts declaring that there is “no room for sentimentailty” in assessing the value of a pet. Thus, veterinary malpractice insurance is virtually unnecessary (as is continuing education, since there is little penalty for outdated knowledge). In fact, since there is no private cause of action for veterinary malpractice with the state licensing boards, there is a low risk for even professional censure!

The courts are not anxious to change this property status without legislative action in the form of positive law. In general, the courts tend to lag behind social change by about 15 years (with the exception of racial segregation). Veterinarians will have ample opportunity to have their voices heard before changes occur, and those “attacks” of kennel workers should be mitigated through training and workers compensation.