Should I file a lawsuite?

Question

my moms toy poddle was attacked by another dog right around midnight, the next day she took him to the vet, they "treated" him, kept him over night, when they sent him home, they didnt give him a cone to wear to keep him from licking his wound or give him antibotics. Now this morning she took him back because his wounds opend again, now she might have to put him down because of infections. now the vet said some should have given my mom antibotics when he was sent home from the previous night. Should we sue?

Answer 1

It probably wasn't infected till yu allowed him to lick and chew the incision. Your fault no one elses.

Answer 2

What will suing solve? Is it the same vet or a different one? Each vet has different ways of treating an animal. The dogs injury's might not have appeared so badly to the first vet which is why no cone or antibiotics were given, why didnt she ask for some? Who are you going to sue? Why was your moms toy poodle outside at midnight? Were both dogs running at large or did another dog come onto your property into your gated yard and attack out of no where? If both dogs were at large there is a "no fault" law usually instilled in these cases. If it was the vet you want to sue whats it going to accomplish? No one knows how your moms dog will heal and Im not trying to be rude and heartless just honest. Some vets believe strongly in antibiotics others dont. Some feel to many antibiotics when there is no lab work that shows there is bacteria present in blood can cause auto immune disease. You shouldnt just give antibiotics without knowing if there is a bacteria present, doing so weakens the immune system maybe that was the thinking of the vet.BTW was there a police report at the time of the incident or did you just snatch up the dog go in the house and wait til the next morning would be at that point your word against the other owners(if its the owners not the vet your planning on sueing) in how it happened

Answer 3

I would take the issue up with the owners of the dog that attacked your mom's dog. Cones are not typically used anymore unless the dog bothers the wound, and it's up to the owner to supervise and make sure that doesn't happen and contact the vet ASAP if it is a problem (many dogs do poorly with the cones on). The antibiotics are a bigger issue. They should have given your mom antibiotics to make sure the infections did not occur. But the real responsibility lies with the owner of the dog that attacked your mom's dog.

Keep in mind that the most they (owner or vet) will be liable for is the cost of the veterinary care and if the dog dies, the cost of the dog. Dogs are considered property under the law. You will not get punitive damages. So this is probably a small claims court case and a lawyer will be useless to you (you can't have a lawyer in a small claims case). Each state has its limit for small claims - typically $3,000 to $5,000 - so unless the vet bills and the value of the dog were more than that, you are looking at small claims.

Answer 4

for what? i would explain to the vet that due to his lack of prescribing proper treatment that you expect him to provide you with free cost or reduced cost care for his wounds and you would be happy to pay for the antibiotics. i would not put him down for an infection and i would have the neighbors home owners insurance pay your vet bill and antibiotics. this is simple as her putting a claim in and is what insurance is for.i imagine any court would wonder if her not taking the dog to an emergency vet which are open at midnight were the reason the dogs infection had a head start to begin with. 7 or 8 hrs later, as a nurse i can tell you, they cannot stich them up and they are scabbed with dry blood and look different than the initial injury so the vet may have thought they were superficial and didnt require antibiotics. i would say after speaking with your vet that you should have your neighbor pay for the vet bills and also make a police report because the animal has bitten and who know how many times it has done this before and when a person will be next. this is important.dont put your dog to sleep.get her to pay for the injuries.and if you get no results from her, and feel like suing someone it should be the other dog owner, not the vet.your case is solid with suing her. it isnt solid for the vet and will probably be a waste of time and effort not to mention money to sue the vet.not to mention losing a vet.

Answer 5

You can try but its difficult to find an attorney that will accept a case of this type. You will have to have the 2nd vet willing to testify that the first was negligent or at the least sign a notarized statement to present in court. It would largely depend on whether the 24 hours between when he saw the first vet and the 2nd vet was enough time for a life threatening infection to occur. Many vets don't put on collars but instead recommend you pick one up someplace like petco because its less expensive, some also make their own while your there out of xray film.

If your dog was leashed or on your property you may be able to sue the other dogs owner if you can locate them and have witnesses.

If you do sue either it will be in small claims court and you can not have a lawyer in court, you can however consult one to become familiar with the pros/cons involved, get an idea of whether the case is strong enough to procede and be given recomendations of any documentation you will need and points to bring up.

Best wishes to your dog.

Answer 6

You probably won't win if you do. You should've called the original vet and asked if there were antibiotics that the tech forgot to give you. A cone (e collar) is not always given unless the dog is known to be an obsessive wound-licker. And they don't give them out for free either. Try to make it right with the original vet in this case. If you refuse to go back to them, thats your choice, but expect to pay for your choice. I definitely would at least call about the antibiotics. Sounds like a tech or receptionist overlooked them on the chart.

Answer 7

If he admitted that they should have given him antibiotics - yes! They admitted wrong. That means they could have prevented this from occuring. Dont get me wrong - I think people are "sue happy" these days but we have the right to sue people when they do wrong. Expecially when it results in death or major injury. On the other hand, if she has a good history with that vet - everyone makes mistakes. It wont change the outcome for your puppy no matter what you do. If he is a good vet - and addmitted what heppened - he should pay for all vet costs and buy her a new dog if she wants one at the very least.

Answer 8

Your dog needed antibiotics to keep the wounds from getting infected. You can sue for anything but you need to consult a lawyer and they will tell you if you have a good case or not. The vet was obviously irresponsible because he didn't prescribe antibiotics when your dog was attacked by another dog- any wound needs antibiotics and all vets should know that. I would definitely consult with a lawyer and see what they say. Also, report them to the vet board.

Answer 9

Unfortunately,the law regards animals as property, an therefore liability is limited to the replacement value. You get no consideration for your emotional pain or the animal's real pain. No attorney will take this kind of case unless you pay up front for the many hours he will spend in litigation. Your one chance of recovering anything is in small claims court and would be limited to what ever value the court finds for the dog. All that being said,you might get some satisfaction out of making the veterinary appear in court,and take time away from his practice.
Sorry,but unless your state is very different from mine that's about all there is.

Answer 10

That's tough. Sorry about the dog! I would talk to a lawyer. It sounds like the person at the vet was pretty incompetent.

Save all the paper work they gave you at the vet, any receipts you spent on transportation, any lost wages as a result the appointment. The lawyer will probably ask for that type of documentation.

Good luck!!

Answer 11

Well are thinking of suing the person who's dog attacked your mom's dog, or the vet?
Because unless you filed a police report when it happened I am not sure you could sue the other dogs owner. As for the vet I am not sure you would have a case.