Legal Question in Medical Malpractice in New York

My dog has an agressive benign tumor. I took him to the vet and right away they said we'll remove it and he'll be fine, we'll then send a piece of it to see if it's cancer. It wasn't, but they told me it would keep coming back until it broke his jaw. I spent 900 dollars on this procedure, when i could've saved money for the specialist he needs to see if she had BIOPSIED the tumor first, and realized removing it would be useless. I've been scammed, can I sue the practice at all for any of the money back? Is that malpractice?


Asked on 7/09/12, 1:27 pm

1 Answer from Attorneys

Carol Ryder Law Office of Carol Ryder PC

Medicine is an art not a science. Even medmal cases with humans are very tough to fight. I would ask the vet to work it out for a refund. If she didn't offer to do a biopsy. Putting a dog under to do a biopsy, at least around here, w/h cost close to that anyway and for whatever reason they may have felt it was necessary to scoop that aggressively growing tumor out of there because it would cause more damage in the meantime waiting for results. I d/k how well you would fare if you sue and it probably would not be successful. However, since the courts are so backed up, maybe the practice would rather give you the money back and end this matter. Believe me, I am not defending them and I have had wonderful vets and others, wel...including battling cancer in my Boxer. Plus, of course, since I do seminars on Animal Law, I hear a lot. This is just my opinion. I wish you a lot and I will pray for your dog's medical condition.

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Answered on 8/09/12, 10:05 am


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