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Motion To Move From Sm Claims

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J

jlpier01

Guest
Hello and thanks for reading. I need some advice on a veterinarian malpractice case. Our dog was treated for 2.5 years by a vet who could not/did not diagnosis his congenital kidney disease. Blood tests were performed and his vet said his levels were normal. However, after 2.5 years of the poor dog vomiting weekly, we decided to get a second opinion. We requested copies of his clinic notes and were stunned to see the blood tests results. Acceptable ranges were printed beside his levels and he was elevated in 5 of the areas such as creatnine, blood urea nitrogen, etc. Elevated levels in these areas indicate kidney problems. We took him to a new vet who diagnosed his disease within 3 days. We filed a complaint with the KY Board of Vet Examiners and they found his vet at fault. Our next step was to write a demand letter requesting reimbursement for money spent on irrelevant treatment and his correct initial diagnosis (approx. $929). The ver clinic turned the letter over to their insurance company who denied the claim. We filed suit in small claims court which lead me to where we are today. I received a call from the vet clinic's attorney saying he was going to file a motion to move the case to district court. I guess he can do this but do I have any recourse in stopping him with this motion? Also, he said the letter I have from the KY Board of Vet Examiner is not admissable in court because it's hear say. Is this true? In the next breath, he asked if we would sign a confidentialy clause if the case was settled? Any idea of what I should do? Thanks very much.
 


vrzirn

Senior Member
He can move the case if he wishes because then an attorney can represent the vet. You may still appear pro per.
It sounds like they are doing some saber rattling. You can arrange for a wittness from the KY board to appear in your behalf. and rattle back. (Witness will have to be paid.)
If the case is settled out of court to your satisfaction you may agree to the clause;they wish to avoid any bad publicity.
 

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