Legal Question in Civil Litigation in Texas
Misdiagnosed and died
I took our family pet to the vet December 26th 2003.He wasnt acting like himself. The vet looked at my dog and right away said it was Arthritus. I asked her are you sure its not something in his belly? She said no, its common in large dogs. (he was 128 lbs) She then gave my Rimadyl for the pain. 15 days later, my dog was vomiting blood. I took him immediatly to the ER vet. It was too late. He Ended up being euthanized the next morning. Im not sure who is really at fault. The neglegent vet or the Rimadyl. Any help?? Thankyou very much
2 Answers from Attorneys
Re: Misdiagnosed and died
In addition to the information provided by Mr. Bradie, I would mention that even if you could prove that the medication caused the death of your dog, you also would have to prove that the vet was negligent in prescribing the medication.
Re: Misdiagnosed and died
First you'll have to get a vet who'll tell you whether the misdiagnosis or the medication caused your dog's death. If either was the proximate cause (the dog wouldn't have died if the medication hadn't been given or if the diagnosis was proper) your damages are limited to the market value of the dog if it was in reasonable health.
I am sorry for the loss of your pet. Legal action won't bring closure.