Can I sue a vet for prescribing a drug that made my dog deaf?

Attorney answers (3)

1. 

   Jeffrey Adams

   Bronx Medical Malpractice Attorney

   Contributor Level 20

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   Answered March 19, 2011 19:07. Simple answer is yes, but a very difficult case. You should consult with a specialist to assess the merits of the case and the viability of a case.

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2. 

   Donald Kudler

   Las Vegas Car / Auto Accident Lawyer

   Contributor Level 14

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   Answered March 19, 2011 19:57. I am licensed in Nevada, but this answer may apply in California as well.
   
   One question you need answered before proceeding in any claim or suit against the veterinarian for malpractice resulting in injury to your dog is what damages can you collect for those injuries. Most states consider pets, such as your dog, as property and not family members (which we all know they are). Where that is the case, the only damages you could get in this case would be additional treatment your dog needs, if any, as a result of any malpractice. Speaking of which, you would need to find a veterinarian to testify that the doctor did, in fact, commit malpractice when he treated your dog.
   
   Some states do allow pet owners to collect emotional damages when their family member pets are injured as a result of someone else' negligent or intentional acts. See,http://www.animallaw.info/topics/tabbed%20topic... for information on this and other pet related issues.
   
   If California does not allow emotional damages in this type of case, you can contact the people at animallaw.com or your government representatives about bringing a bill to change the situation.
   
   Hope this helps.
   
   /s Donald Kudler
   http://www.capandkudler.com

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3. 

   Laura Mcfarland-Taylor

   Bolingbrook Trademark Application Attorney

   Contributor Level 20

   Answered March 20, 2011 10:57. While veterinary malpractice is a valid cause of action, such suits are very expensive to litigate. It basically becomes a battle of the experts, with one side saying "this is standard procedure" and the other side saying "this is not standard procedure". The fact that your dog, unfortunately, developed a known side effect to the medication prescribed is unlikely to rise to the level of malpractice. In addition, the damages awarded are generally not very high unless what the vet did was truly shocking and outrageous - basically, if you win, you might get reimbursed for any medical care.
   
   Short of litigation, you can file a complaint with the American Veterinary Medical Association, http://www.avma.org/

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