Legal Question in Civil Litigation in California

Vet mutilated my cat's ear when I took her in to be spayed...can I sue?

Took my kitten to a new Vet to be spayed. When I got her back they

mistakenly thought she was a Feral and clipped her ear. She was not

a feral (wild/homeless) cat, she is a family pet who is an indoor only

cat. I didn't notice the mutilated ear until after I had paid and

brought her home. I called the Vet's office as soon as I saw the ear.

Took her back to Vet. The Vet said the girl who answers the phones

checked the box for the ear to be clipped. We told him we never

authorized that! He finally said he would take her back into surgery

and stitch the ear back up. No cost! It didn't work, ear split as sutures

dissolved. If I take her to a specialist and if the specialist can or can

not fix the ear. Can I sue this Vet for the cost of seeing the specialist

and then if it can be repaired can I sue him for the cost of repairing

the ear? I got this kitten for free. It's not like she was a pedigree or

show cat. It's purely cosmetic, but I don't want this Vet to get away

with this! Would a Judge say the cat was free, and now you have an

estimate for say $500.00 to fix her ear, I can only give you the value

of the cat =zero.


Asked on 1/11/05, 4:34 pm

2 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Vet mutilated my cat's ear when I took her in to be spayed...can I sue?

Technically, you are right. However, my gut says you don't take anything on this, or if you do, not enough to be worth the trouble. Your damages could be determined to be the replacement value of the cat rather than the repair value. Is this a papered cat? A show cat? Normally I wouldn't answer a question like this, but I thought it might do some good to give you at least one objective opinion. It looks petty.

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Answered on 1/11/05, 4:48 pm
Mona Montgomery Mona Montgomery, Attorney at law

Re: Vet mutilated my cat's ear when I took her in to be spayed...can I sue?

Your vet has been correctly advised by his attorney. Your damages are only the value of the cat. Be glad that your cat has a wonderful owner. That is the only important thing.

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Answered on 1/11/05, 8:16 pm


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