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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We took our dog to have some skin tags removed. and our dog

Customer Question

hi, We took our dog to have some skin tags removed. and our dog died one our after surgery. she looked very drugged and and the vet sent her home and said she will come out of it in a few hrs. she never did and died a hr later. when we took her body back the same day her said "well this thing happens" we talked to other vets and they aid your dog should of never been put under without a full blood screening. our vet said "its a minor surgery and most people dont want to pay for the blood screening. and people want their pets to come home asap we had to carry our pet to the car. he never said anything about blood screening til we broght her dead body back. what do you think?
Submitted: 5 months ago.
Category: Legal
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about the loss of your pet.

First of all, understand that medical malpractice is subjective (veterinary malpractice is medical malpractice). There is no specific "chart" or anything of this nature that determines what is medical malpractice and what is not. Every case is a case by case basis.

So is this medical malpractice? Likely, yes.

The elements of a cause of action in tort for professional negligence are: (1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence." (See generally, 4 Witkin, Summary of Cal. Law (8th ed. 1974) Torts, § 488 et seq., p. 2749.) Budd v. Nixen, 491 P. 2d 433 - Cal: Supreme Court 1971.

So let us put this all together: Medical malpractice is a CLEAR departure from standard practice. The Plaintiff (client) must prove that this departure CLEARLY AND DIRECTLY caused the condition, and that another vet in a similar condition and place would not have caused the pet to perish.

I would talk to an attorney face to face. This may be something worth pursuing.

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