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Not only has our own vet told us that the procedure was done incorrectly, one of the other surgeons at the same hospital where the surgery was done had to do a small, corrective procedure the following day. However, in order to fully correct the problem, the full surgery would have to be repeated, which carries risks we're hestitant to expose our cat to.
I suppose our vet could testify, although I'm sure it would be awkward. I think we probably have enough evidence to connect other bills to the original surgery, witout an expert. We're only talking about less than $1,5000 in damages, so this isn't about the money (everyone says that, I'm sure). I particularly don't like the fact that what the vet did was careless, and that the business owner told us he would work with us, and has now retracted the offer.
Other than demanding all medical records - or filing suit, is there anything else you can suggest that might effectively communicate that we take this very, very seriously - and are standing our ground? Am I right in suspecting that the owner has probably been advised that by paying the other vet bills, he's admitting 'guilt?'
A few things:
The owner did send us a check to reimburse us for the surgery, which I still have. Although he's now trying to characterize it as a courtesy refund, I don't think it's routine for a surgical fee to be returned if there's not a valid reason. Does that support our position, or can he just argue that we weren't satisfied, so rather than argue, he just gave us a refund?
I don't know that threatening to post negative comments is wise for a number of reasons, not the least of which is, it may smack of 'extortion, ' unless we still posted them even with a full reimbursement (or am I just being overly cautious here)?
I also don't think we should threaten to file suit unless we're prepared to pursue it. Can you explain how a breach of contract could be argued without alleging/including malpractice? My concern is that if we don't drag our vet to court to testify (which he may not want to do), we could lose by default, and be on the hook for their legal costs.
I happened to be talking with someone recently who lost their pet due to a serious vet error (thet th evet fully admitted). They had tremendous documentation, including incriminating documents, as well as a notorized statement from another vet supporting their claim, but they still lost because the 'expert' witness didn't appear in court (and this was in small claims).
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