Professional Negligence Law Reporter

A New York appellate court held that a plaintiff’s failure to present an expert affidavit regarding a defendant veterinarian’s breach of the standard of care warranted summary judgment for the defense in a veterinary malpractice lawsuit.

Susan Filoteo brought her dog to Assisi Veterinary Hospital for treatment of a cough. The dog later developed renal failure and was hospitalized for an extended period of time. Filoteo sued Assisi Veterinary Hospital and its treating veterinarian, Ricarlos Guzman, alleging malpractice. The defense moved to dismiss and submitted an affidavit from Guzman, who averred that the plaintiff’s dog had received proper care. In response, the plaintiff submitted segments of her dog’s medical records from a subsequent treating veterinarian. The trial court granted the defense motion.

Affirming, the appellate court found that the plaintiff had failed to present an affidavit from an expert supporting her malpractice allegations. Citing case law, the court said that because the nature of the defendants’ alleged misconduct does not denote malpractice, the plaintiff must present testimony from an expert who reviewed her dog’s medical records and determined that the animal’s care and treatment had departed from acceptable standards of veterinary practice and that this was the cause of injury.

Finding that the plaintiff had failed to rebut the defendants’ prima facie showing that they were entitled to summary judgment, the court concluded that the trial court’s ruling had been proper.

Citation:  Filoteo v. Assisi Veterinary Hosp., 2020 WL 1907900 (N.Y. App. Div. Apr. 16, 2020).