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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 111657
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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Disability Access Law: A vet tech who worked brushing my

Customer Question

Disability Access Law:
A vet tech who worked for me brushing my service dog's teeth was asked to take her to the vet for an assessment as to whether my service dog required a dental cleaning, which is performed under anesthesia. I did not authorize any work to done, and had alsp presented this tech with a document, executed and witnessed several months earlier, giving her "limited rights" to make medical decisions under 4 circumstances, (fire, car accident, my death) after being unable to contact me after five attempts, to bring my dog to a vet that I specified. I also specified 6 times in this document that the vet she works for (a well known jerk) not ever be permitted to anesthtize or eithanize my animals, nor was he ever to perform a surgical procedure on them. I fed my dog breakfast that morning, and the tech picked her up because I am blind and do not drive. Two hours later, I called to find out when she was bringing my service dog home to me, and whether she needed to have a scheduled dental appointment, which I planned to have done by a dental specialist. That is when I discovered that the vet had anesthesized my dog with out my authorization and pulled twen of her teeth, without my knowledge. That was 5 weeks ago. My dog can no longer perform two iof the four adaptive tasks for which she was trained.I know that I have a civil claim for property damage, and probably one for veteruinary malpractice, but which civil code can I sue him under for committing an act that made my disability accomodation inaccessable to me for at least 5 weeks? She may never perform those tasks again, as they involve using her mouth, and she is niow missing every tooth on the top and bottom along the entire front of her mouth. When I refused to pay his bill, he turned me over to collections - which failed because I had not signed a thing allowing this terrible butchery. I am up for a lawsuit. What are my claims under California and Federal Laws?
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your claim is under breach of contract, pursuant to CA Civil Code 3300-3322. You can also file a criminal complaint with the DA for interference/obstruction of a service animal under CA penal code § 365.6 and also seek civil damages for this in your suit.
For veterinary malpractice, you must have another licensed vet testify that the vet who did this was negligent in performing his work, so you would need to get the dog seen by another vet who would have to then testify in your case.
You can also file a complaint with Adult Protection Services since this could potentially be abuse of the disabled by interfering with your service animal.
You will need a local attorney and can get one at the same sites used by other attorneys (State law forbids anyone on this site from representing you) http://www.hg.org or http://www.lexmundi.com
Customer: replied 10 months ago.
Lame response. Please forward to another attorney. I am 1000% dissatisfied. I asked WHAT CIVIL CODE is involved in the disability access piece, paid $43 and did not get an answer. REFUND.
Customer: replied 10 months ago.
It's not a breach of contract, as I had no contract. He was only supposed to LOOK, by oral request.
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
I WANT A DIFFERENT LAWYER TO ANSWER THIS QUESTION OR WILL FILE A COMPLAINT.
Customer: replied 10 months ago.
I rate this answer 1 star. Useless.
Expert:  Law Educator, Esq. replied 10 months ago.
There is NO civil code for the interference with the disability access, it was a penal code and it was given to you and your rude response was not called for.
You are also MISTAKEN about breach of contract, because you HAD A CONTRACT WITH THE AIDE and the AIDE broke the contractual agreement, so the AIDE is also liable to you. So breach of contract IS a cause of action, because you will need to sue BOTH the Aide and the Doctor (the doctor acted based on the Aide representing to the vet they had authority to give him permission and the aide had no such permission and violated their contract with you)
The Doctor did not breach a contract with you, he committed malpractice and obstructed a service animal as I said above.
Customer: replied 10 months ago.
Let me be clear: I haver already paid for a phone meeting. That's what I paid $43 for initially. NOW, I want to have this meeting with a DIFFERENT LAWYER, as your written response is unsatifactory.
Expert:  Law Educator, Esq. replied 10 months ago.
I am sorry you feel that way, but please reread the site policy as you are not showing as having paid for any phone call and before any phone call can be made you have to actually accept the offer. I would be most pleased to speak to you by phone because I sincerely ***** ***** can clear up this misunderstanding that has you so upset and angry with me unnecessarily.
The experts are NOT employees of this site, so we have no idea about site operations or what the customer has or has not done other than we can tell we cannot access a phone call to you because we can see it has not been authorized because you have not accepted the request. Thus, we must abide by site rules and cannot make the call until you do.
Thank you so much for understanding.

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