I had a call today from someone who brought a suit in Small Claims court for veterinary malpractice. I was told that the insurance company for the veterinarian asserted a Statute of Limitations defense saying that the veterinarian is covered by the same one-year Statute of Limitations as a medical doctor under Code of Civil Procedure 340.5. Technically, that is incorrect. However, out of curiosity, I did some research and found that such malpractice is covered under a different code section. CCP 340(c) states within one year:
"An action for libel, slander, false imprisonment, seduction of a person below the age of legal consent, or by a depositor against a bank for the payment of a forged or raised check, or a check that bears a forged or unauthorized endorsement, or against any person who boards or feeds an animal or fowl or who engages in the practice of veterinary medicine as defined in Section 4826 of the Business and Professions Code, for that person's neglect resulting in injury or death to an animal or fowl in the course of boarding or feeding the
animal or fowl or in the course of the practice of veterinary medicine on that animal or fowl."
Thus, there is a one-year length of time from the date of injury to either settle the claim or file suit. Unlike malpractice on human beings, Code of Civil Procedure 364 which extends the Statute of Limitations 90 days after serving a Notice of Intent to sue, does not apply to animals because they are considered property, at least according to one Court of Appeal opinion.
Bottom line:
If you are going to sue a veterinarian for malpractice, sue within one year.
