Legal Question in Personal Injury in California
Veternary Malpractice
I feel our primary vet provided negligent care for our deceased 15-year old dachshund that 30 days prior shown healthy.The dog was day-boarded there 5 days a week.She was being treated for a recent spinal problem, and improving.She started vomiting Nov 14th, and left her there overnight.They didn�t do a blood test;they were focused on a found �mass� they felt to be liver cancer.A lab report revealed no cancer, but no solution. Days were passing,she got sicker.They finally ran blood work.The results -creatine levels were very high -failing kidneys.They said the dog was beyond further help and should be euthanized.We then took her to an advanced critical care facility.In one hour, they diagnosed her with acute renal failure.Despite their best efforts, she passed on Nov 20th.They found pus in her urethra area from an untreated urinary tract infection.The day-care facility allowed her to sit in her urine,causing the urinary tract infection.If they had run blood work,they would have treated the problem with antibiotics.All of this has been costly,not too mention emotionally draining.We feel the regular vet should pay all the bills incurred for their negligence,as it was their error they did not diagnosis properly. Do we have recourse?
2 Answers from Attorneys
Re: Veternary Malpractice
Possibly. But what would you get? 15 is an old dog. It was going to die of something fairly soon, no matter what. They may come back and say you refused to pay for the bloodwork...not saying you did, but just saying what kind of defenses they may raise. It's not like people...pet owners make decisions how much money to spend on treatment and the vet has to honor it most of the time. I sense a lot of separation anxiety here on the part of the masters. You feel you have lost a member of your family, and you have. But, perhaps it would be best not to turn it into a lawsuit, and instead move on...maybe get a new pet if that one brought so much happiness. After all, keep in mind that the dog is the equivalent of a person well up in their 80s or so. It is pretty hard to get a wrongful death suit against a doctor or a hospital for the wrongful death of an extremely old person. Not to say it can't be done, but any lawyer would prefer a young decedent. My advice is deal with it emotionally, and move on.
Re: Veternary Malpractice
While this is not my area, it does sound like you may have a small case. our dog was 15 years. Owning loving both a cat and a dog i know how you feel.
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