A veterinary clinic was ordered to compensate the owner of a dog more than R$8,000 for moral and material damages due to the animal’s death. The 20th Civil Chamber of the Court of Justice of Minas Gerais (TJMG) upheld the sentence of the 4th Civil Court of Juiz de Fora, in Zona da Mata.
According to TJMG, the owner took the shih tzu dog to the establishment in May 2021 for castration and mastectomy surgeries.
On the one hand, the author of the action said that the clinic’s professionals failed to take measures that could have prevented the pet’s death. On the other hand, the clinic argued that there was no negligence and all the risks of the procedures were explained to the owner. The company also maintained that the dog was three years old, “insufficient time to create a bond capable of causing moral damage subject to compensation.”
The judge of the 4th Civil Court of the District of Juiz de Fora disagreed: “The judge relied on an expert report, which indicated that the professionals performed the mastectomy without a definitive diagnosis of mammary neoplasms, confirmation exams or monitoring of the dog’s physiological parameters” , reported the TJMG text.
Both parties appealed. However, the rapporteur maintained the decision. In the 2nd instance, the magistrate said that the report stated that important documents were not presented, such as an anesthetic record and medical records, nor were any tests carried out capable of demonstrating the diagnosis reached by the doctor at the veterinary clinic.
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Tags: Veterinary clinic compensate owner death dog Minas Gerais
