Legal Question in Civil Litigation in California
Possible lawsuit resulting from claimed negligence.
Our veterinary clinical lab runs blood test on animals; we inform our clients (Veterinarians, Pet hospitals, clinics, etc) of test results when the tests are done. A client of one of our clients sent a letter to us stating that our negligence resulted in the death of his cat. He claims that the lab failed to pick up a blood sample that, upon testing, would have indicated a condition that his pet subseqently died from. He states that he assumed that the test's were normal when he did not here from his veterinarian (our client). When his cat's health deteriorated, he states that he took it to an emergency clinic where it was diagnosed with a terminal condition. The cat was euthonized at that point. Our couriers pass by the named veterinary hopital daily to pick up blood samples, pick-up logs are maintained. If our clients forget to leave samples in the lock box they are instructed to inform us immediately. This client forgot to leave the sample out and failed to notify us of this occurence. Are we liable? If so, then to what extent(were being asked to pay a $1,500 vet bill) This involves a good client that we don't want to lose over this but we feel we were negligent. What can we do? This is a first for us.
1 Answer from Attorneys
Re: Possible lawsuit resulting from claimed negligence.
What you are legally obligated to do and what you may want to do in order to maintain your relationship with the negligent vet may be two different things.
If you were negligent and caused the damage then you are liable. If you were not negligent then you are not liable. There is some room in between total win and total loss, i.e., it may have been partially your fault and partially the vet's fault.
It is possible, however, in order to keep in the good graces of your client to offer to pay a portion of the damages with the vet paying the remainder provided that you obtain releases from the vet and the plaintiff.
If you would like me to act on your behalf, you can reach me as follows:
Tel: 805-494-6557
email: [email protected]
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