DEATH OF PET UNDER MEDICAL CARE OF HOSPITAL

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DEATH OF PET UNDER MEDICAL CARE OF HOSPITAL

My dog died due to negligence of big hospital called VSG Vet Hospital. she was given 20 mg of steroids a day. her blood sugar must have been checked every week, per 2nd opinion, which was not done big side effect of steroids. She died due to complication of diabetes in 24 hours. DO I HAVE A STRONG CASE IN SMALL CLAIM COURT? DO I NEED A WRITTEN AFFIDAVIT FROM ANOTHER DOCTOR INDICATING THAT BLOOD TEST SHOULD HAVE BEEN DONE

Asked on May 21, 2018 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, you would need the  2nd or other vet to come to court to testify: the law does not accept written affidavits without having the person live in court to testify (the other side must have the opportunity to "cross examine," and you can't cross-examine a piece of paper or ask it questions). You've have to pay the vet for his/her time (and cannot get his cost back from the other side), and could very easily spend far more than you'd get back, since all you could recover in court would be the economic value (basically, the cost) of the dog. (The law doesn't provide compensation for your emotional loss--only for provable economic loss.) Unless the dog was a very valuable show dog, breeder, etc., you'd almost certainly spend more on the lawsuit than you could win.


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