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Can I sue for malpractice?

Asked over 2 years ago - Lancaster, NY

We took our cat to a local pet store for shots and de-worming. The vet at the store gave our cat 2 1/2 pills and in one of the attempts, using the pilling tool, put a hole in the back of our cat's throat. Our cat is now okay, but it took 4 vet visits, a tube inserted in the cat's throat and $1200.00 in vet bills. Do we have a case?

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Attorney answers (2)

Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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The cat injury appears to have been the result of you using the pilling tool. It will be an expensive case to bring, but perhaps you can negotiate the case to settle, or use small claims court as a method to resolve the dispute.

Good luck.

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Laura Mcfarland-Taylor

Reputation Level 18

Answered over 2 years ago. Trademark Application Attorney in Bolingbrook, IL.

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I agree with Mr Brinkmeier - I would first try and negotiate this one. I would also want to see what paperwork you signed when you agreed to let the vet treat your cat because I can pretty much bet there is a clause stating that there is no liability . Also, the vet will probably argue that it was something you did in the cat's after care that caused the problem.

If you can't negotiate this, then you need to decide how much time and money you want to spend on this with no guarantee that you will get anything in return.

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