The impact of products liability law on veterinary medicine

Abstract

JAVMA, Vol 230, No. 11, June 1, 2007 U now, veterinarians involved in malpractice litigation have generally not had to deal with most of the consumer-oriented principles of products liability. In fact, aside from prescription drug litigation, whereby veterinarians have a limited potential to incur liability as retailers of the drug at issue, products liability law has had little impact on the field of veterinary medicine. More often, the limited circumstances under which products liability law has been applied have involved consumers bringing suit against drug manufacturers for defective vaccines or harmful effects of their products. In these instances, even if a prescribing veterinarian were named a defendant, he or she could likely seek indemnification from the manufacturer. Further, claims against veterinarians resulting from the sale or breeding of an animal are rare. However, creative plaintiff lawyers continually seek new methods to attach liability to those with deeper pockets. In several states, such lawyers have applied products liability principles to the sale of domestic animals. In doing so, these states have opened the door to a host of potential defendants, and veterinarians are no exception. The eventual ramifications will profoundly impact veterinary practice in all states that allow this extension of the law.