Animal owners can claim damages in the event of a medical “malpractice” or so-called in German “Kunstfehler”.
The prerequisite for a claim for damages is:
- a treatment contract
- a treatment contract, a damage (e.g. animal is no longer “usable” because incurably ill or dead)
- breach of duty of the veterinarian.
If a gross treatment error has taken place or if the veterinarian has acted deliberately or negligently, the burden of proof for a breach of duty lies with the veterinarian, otherwise with the pet owner.
In such cases, an expert shall assess the performance of the contract. We will assist you in asserting and defending claims for damages. Contact us. Attorney-at-law, Ms. Julia Ziegeler