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Want to file against a Vet - Is it worth it?

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randomness

Junior Member
What is the name of your state (only U.S. law)? Florida

County to be filed in: Palm Beach

I have a problem with an emergency vet, and I'm not sure whether or not it is worth it to bring this to small claims court. Any advice is appreciated.

Here is the story:

About 2 weeks ago, my cat appeared very sick. She was throwing up, not eating, and generally lethargic. I took her to my primary vet on a Saturday afternoon. He ran tests, but did not have time to do an xray. He said she had a high white blood cell count, thought it was an infection, and gave her an antibiotic. I took her home.

Later that night, she seemed worse so I decided to take her to an emergency vet. I told them what the primary vet said. They ran similar tests, said they looked at everything, did xrays, but couldnt find anything. They said to quarantine her and keep an eye on her.

After 1 more week she wasnt getting better so we took her to a new vet to get a second opinion. Within 2 minutes the vet found a string wrapped around her tongue that went all the way into her intestines. Ended up being a $1600 surgery!

I have since gone back to the emergency vet to ask for a refund. I fell this is something they should have found during that visit. I spoke with the manager who said that the cat must have consumed the string after we visited them because it would have come up on the xrays. She also said that their vet looked in the cats mouth. I don't believe this for several reasons:
1)I spoke with a different radiologist, and he said the string wouldn't necessarily show up on an xray
2)All of the symptoms she had before the emergency vet visit went away after the string was removed
3)She was quarantined the entire time after the emergency vet visit with no access to any type of string

So...you can see my dilemma. I see this as coming down to the emergency vet's word versus mine. I've never filed in small claims court, and I don't know if it is worth it to pursue this. The emergency vet bills was around $560. In Palm beach, it costs $80 to file a small claim up to $500, and $175 for above $500. I don't want to waste the time filing if I have no chance of winning.

Any advice is appreciated, and please let me know if you need any more details.
 


davidmcbeth3

Senior Member
I don't really see a claim here .. the 2nd vet might be right about the string .. cars cough up stuff all the time.

Now, my rule of thumb for cats : I would pay 1 dollar per foot that I could kick the cat (like a football .. I allow for any rolling too, I'm not a monster!)

So anything greater than 50 means a lethal injection for the cat. Should not have gotten sick kitty kitty ...

They are just animals ...
 

latigo

Senior Member
If you intend to file, your first order of business is to get the second veterinarian to sign an affidavit that he will testify in court as to the professional negligence on the part of the first veterinarian.

Without that expert testimony you don’t have a prayer!

And good luck in getting that on paper!
__________________

I suppose these vets’ practices are limited to small animals. But in case either plies their trade to healing jackasses, did you happen to see “davidmcbeth” sitting in the “braying” room?
 

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