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Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My vet wants to do 2 surgeries on my dog for $1900. I consulted

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My vet wants to do 2 surgeries on my dog for $1900. I consulted another vet. and said that he doesn't need it. I want to sue the first vet. Do I have a case?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.

On this website, I do not always get to give good news, and this is one of these times.

If the surgery has not yet been done, then likely no. The underlining cause would be rooted in negligence. To prevail on a negligence theory, the plaintiff generally must show that: (1) the defendant had a duty to exercise due 591*591 care towards the plaintiff; (2) the defendant breached the duty; (3) the breach was an actual cause of the plaintiff's injury; (4) the breach was the proximate cause of the injury; and (5) the plaintiff suffered damage. Beauchene v. Synanon Foundation, Inc., 88 Cal.App.3d 342, 151 Cal.Rptr. 796, 797 (1979).

If no surgeries have yet been done, then there are no damages (arguably), and as such, no case since the elements of negligence are not satisfied. I am sorry.

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Customer: replied 2 years ago.

Thank You.

You are very welcome.

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