Legal Question in Civil Litigation in California
Mislabeled pharmacy bottle killed him.
I have no idea what area of law my situation falls under, since it involves a dog instead of a person and I understand that the law does not recognize the loss of a ''pet'' like a human. The negligence that occured I feel is something that should be addressed. A large chain pharmacy filled a dangerous drug prescription for my pup and mislabeled the bottle. After 5 days he went blind and within 10 days he was dead. I have both the prescription and the bottle dosage which don't match. In addition the vet is negligent for failing to inform me on the dangers of this drug both to my dog and to myself while handling it. I've had 2 other vets confirm that it was the overdose of the drug that killed my dog and the other vet confirmed that the attending vet was negligent.
Do I have any recourse for my beloved pets suffering and for my profound loss..???
2 Answers from Attorneys
Re: Mislabeled pharmacy bottle killed him.
You could try bringing suit against both the pharmacy and the vet in small claims court; the dog could be classifed as "personal property". The theory of recovery would be negligence, which has a one year statute of limitations, so you would need to bring the action within one year of the loss. Small claims has a jurisdictional maximum of $5,000.00 in damages, so you would not be able to claim any more than that. First, however, it might be worthwhile to write both the vet and the pharmacy and provide a synopsis of the facts and your evidence and give them an opportunity to make amends. I am sorry for your loss.
Re: Mislabeled pharmacy bottle killed him.
you can only collect what you paid for the dog so you need to go to small claims court.
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