What is my vet’s liability if they misdiagnosed a parasite and it resulted in my other dog picking it up, as well as my boyfriend?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is my vet’s liability if they misdiagnosed a parasite and it resulted in my other dog picking it up, as well as my boyfriend?
My veterinarian diagnosed my new puppy with a parasite. The next time I was there, a vet tech gave me his medication stating it was for the parasite. A few weeks later my other dog got sick. I took her to the same vet who then told me that she had the same parasite that my new puppy had. The vet then told me that as she was looking through the puppy’s chart, she realized they gave me medication for a different parasite and not for Giardia which at this point both of my dogs have. We were extremely cautious with the dogs separating them until the puppy was done with the medication. When he finished we assumed he was free of Giardia and let them play together. My boyfriend now also has Giardia and has missed a lot of work. Is the vet at fault?
Asked on June 26, 2014 under Malpractice Law, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm). The vet is liable for negligence in prescribing the wrong medication. The vet is also liable for the negligence of the vet tech giving the medication for the wrong parasite because an employer is liable for the negligence of an employee which occurs during the course and scope of employment.
Obtain the vet bills and medical reports for your dogs when they complete their treatment. Those items should be filed with the vet's malpractice insurance carrier when you file your claim. If the case is settled with the vet's malpractice insurance carrier, NO lawsuit for the injury to your dogs is filed. If you are dissatisfied with settlement offers from the vet's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the vet. If the case is NOT settled with the vet's insurance carrier, your lawsuit for negligence against the vet must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
When your boyfriend completes his medical treatment and is released by his doctor, he should obtain his medical bills, medical reports and documentation of any wage loss. Those items should be included in his personal injury claim filed with the vet's malpractice insurance carrier. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of his illness/injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement. If your boyfriend's case is settled with the vet's malpractice insurance carrier, NO lawsuit is filed. If he is dissatisfied with settlement offers from the vet's insurance carrier, he should reject the settlement offers and file a lawsuit for negligence against the vet. If the case is NOT settled with the vet's insurance carrier, your boyfriend must file his lawsuit for negligence against the vet prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.