Veterinary negligence case goes to trial in Penang next week

Veterinary negligence case goes to trial in Penang next week

Housewife R Viknesvary is suing two veterinarians, a veterinary hospital in Penang and another company for the death of her pet dog three years ago.

Five-year-old Ollie was injured in an accident on Jan 23, 2023, and died while receiving treatment at a veterinary hospital in Penang two days later.
PETALING JAYA:
Pet owners will be watching closely as a veterinary negligence suit goes to trial in the Penang magistrates’ court next week — likely the first of its kind in the country.

Housewife R Viknesvary, 51, has named two veterinarians, a veterinary hospital in Penang and its subsidiary as defendants, in a suit over the death of Ollie — a five‑year‑old Beagle mix — three years ago.

She is seeking damages for treatment costs and funeral expenses incurred, as well as stress suffered over the incident.

According to her statement of claim, Ollie was injured on Jan 23, 2023, when Viknesvary’s husband accidentally reversed his car into the dog at their home in Bayan Lepas.

Ollie was rushed to a private clinic and stabilised, and later transferred to the animal hospital, which had X‑ray facilities. There, a veterinary doctor diagnosed multiple fractures and tissue damage.

As advised, Vikneswary admitted Ollie as a patient of the hospital and said she was told that no surgery could be performed until Ollie was in stable condition. She also claimed the surgeon was unavailable.

Viknesvary claimed she repeatedly asked for a second X-ray to be performed but was assured the dog was doing fine.

After two days, Ollie collapsed and died. Requests for medical notes to show what treatment the dog received went unanswered.

In their defence, the defendants argued that Viknesvary’s husband was contributorily negligent, being the person responsible for the dog’s injuries.

The defendants, represented by Sanjay Mohan, said Ollie was in critical condition and needed to be stabilised prior to surgery. They also said the dog was treated to the best of their abilities.

Lawyer V Muniandy, representing Viknesvary, said the four‑day hearing will begin on Feb 9, with four witnesses — including three veterinary doctors — testifying for the plaintiff. The defendants have lined up three witnesses to testify in their defence.

Muniandy said the case will clarify the standard of care expected of veterinary professionals and define the duty owed by private animal hospitals to pet owners.

“It will open the door to civil remedies for pet owners who suffer loss due to alleged malpractice,” he said.

He added that the suit could set a precedent for how courts value harm involving companion animals, which are increasingly treated as family members rather than property.

In another case being watched closely, four animal activists are suing the Terengganu government and the Besut district council over the fatal shooting of a stray dog named Kopi.

That case, filed at the Kuala Terengganu High Court in December 2024 and still pending, alleges that the killing violated the Animal Welfare Act 2015.

Stay current - Follow FMT on WhatsApp, Google news and Telegram

Subscribe to our newsletter and get news delivered to your mailbox.