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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116780
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A vet did the wrong surgery on my dog and now I am having to

Customer Question

A vet did the wrong surgery on my dog and now I am having to take my dog to another vet. Not only did first vet not do the correct surgery she did not do the surgery correctly . My dog was suppose to have a tumor mass removal but instead the performed a dew claw removal. Because it was not done correctly, the dew claw removal, it is now infected. The tumor was not even on the part of the leg near the dew claw. Can I sue the vet and for how much?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Oklahoma
JA: Has anything been filed or reported?
Customer: No, do I need to?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am continuing to go to this other vet to have laser surgery . This happened on 10/31/16
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 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.
You can sue the vet for malpractice, but unlike human malpractice, pets are considered property under the law so essentially the vet's malpractice caused damage to your property. Thus, you have a property damage claim and as such the vet can be sued for all of the actual costs you incurred in having to now fix what the vet did not do properly and for the costs of curing the infection the incorrect surgery caused as well. So you need to add up all of your costs and expenses and that is all you can sue the vet for, no pain and suffering or emotional distress or inconvenience damages, just actual damages.
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