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What is the statute of limitations in New York State for filing a veterinary malpractice suit?

Syracuse, NY |

I believe I have a case related to failure to disclose what was a small probability, but high risk of a specific complication, for a specific medication provided at discharge. No information was given, and in fact I got no written discharge instructions (they couldn't find the form).
During a resulting hospital ICU admission, several very competent veterinary professionals told me the drug is "controversial", and they gave me the "black boxed" medication spec sheet showing warnings I was not told about when my pet was discharged.
Thank you.

I left out some important info that I'm hoping may change the prognosis to get some financial relief that would not cost more than the recovery: The vet already paid me for the week long hospitalization, and admitted I was not informed properly on discharge. I was asked to sign a waiver to sue, but never did. Also, this is a $700 purebred animal, although I don't show her. Since payment already implies guilt, what chance is there that I could at least push the vet to settle for paying annual healthcare costs associated with the now chronic disease (labs and other diagnostic tests, special food required, etc) Thank you.

Attorney Answers 4

Posted

As a vet does not fall with medical, dental or podiatric malpractice, the statute of limitations is 3 years. If you can file within 2 1/2 years (which is the statute of limitations for medical, dental or podiatric malpractice) that would be safer. However, consider whether your case is worth it. New York law does not allow for emotional distress damages for loss of a pet. New York law treats a pet as chattel unless it is a special situation like the pet was an actor, etc. You will likely need to retain an expert vet and pay thousands of dollars to get his/her testimony, which is likely more than you can over hope to recover.

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Posted

Could you please review the additional information I posted and see if that changes anything? Thanks.

Posted

The cost would likely far exceed a recovery, but contact the above lawyer in your state to investigate.

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Posted

3 years. Even if you sue under contract for the 6 years, the court would apply the 3 year S/L. I hope that you are speaking about a high value animal, otherwise you will be spinning your wheels in terms of finding an attorney to prosecute unless you will pay hourly, not contingency.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Could you please review the additional information I posted and see if that changes anything? Thanks.

Posted

I agree with my colleagues. Probably 3.

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