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I purchased an exotic cat for the purpose of breeding “Savannah

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Cats” at a cost of...
I purchased an exotic cat for the purpose of breeding “Savannah Cats” at a cost of $3,500. The care sheet provided by the breeder specifically called for the use of killed virus vaccines only, based on the belief that modified live vaccines can overwhelm the immune system of exotic cats. I had a lengthy discussion with my vet about this and she assured me that she would only give killed virus vaccine. In Nov, 2012, she administered a modified live distemper shot without my consent - immediately after my cat developed FIP and we had to have the cat euthanized in Mar, 2013. The Vet’s insurance provider denied the claim stating that there was not enough correlation between the vaccine and FIP to rule on malpractice. However, this breach of contract voided my warranty with my breeder. I have video evidence that the care sheet containing specific instructions on the proper vaccine is in the file at the Cat Clinic. Looking to see if there is enough of a legal case to pursue in court.
Submitted: 4 years ago.Category: Legal
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5/24/2013
Lawyer: Allen M., Esq., Attorney replied 4 years ago
Allen M., Esq.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 19,344
Experience: Lawyer and legal specialist.
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Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

You would be able to assert a breach of contract/reasonable reliance claim against the VET.

 

Even if you can't legally establish malpractice medically, you have evidence of specifically requesting certain treatment of your cat. You made her aware of the reason for wanting that specific treatment.

 

You reasonably relied on her assertion that she would abide by your specific treatment requests, to your detriment because she did not do so.

 

In failing to do so, she caused you loss, in that your breeder's warranty was voided.

 

It's a bit tenuous, but it is a legally articulable claim which you can bring in small claims for the damages that you are requesting.

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Customer reply replied 4 years ago

Thank you. VERY helpful information! Do you know if I would have to face an attorney from the insurance provider, or is this outside the coverage provided by Zurich under the vet's malpractice insurance? Where I am going with this is that I feel comfortable articulating the breach of implied contract to a judge, but don't want a defense attorney using their legal knowledge to pull a fast one on me.

Lawyer: Allen M., Esq., Attorney replied 4 years ago

You wouldn't be suing her malpractice insurance. This would be a matter of a personal suit against her, for her breach of contract.

 

Even if it was not malpractice, it was a violation of your agreement with her.

 

She is legally allowed to bring representation if she wants, but most people don't due to the cost of an attorney for small claims. They charge by the hour at their full rate.

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