Q: Can we sue a veterinary clinic in another state (FL) for malpractice without a veterinarian letter claiming malpractice
We had a dog spayed in FL which had complications totally $15K. We've been unsuccessful in obtaining getting the surgeon to response back with a letter of malpractice against the veterinarn clinic in FL.
A: You can sue, but you will lose. Complications are a normal part of surgeries, whether on humans or animals. In order for the veterinarian to be liable for the complications, you have to show that s/he did something negligent, or below the standard of care. If you can't show that with testimony from another veterinarian, you don't have a case.
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A:
While you can technically file a lawsuit without a veterinary expert letter, doing so would make it very difficult to prove malpractice in court. Most states, including Florida, require expert testimony to establish the standard of care and how it was breached in veterinary malpractice cases.
Your best course of action would be to continue seeking a qualified veterinarian who can review your case and provide an expert opinion. Consider reaching out to veterinary medical boards or legal professionals in Florida who may be able to connect you with veterinarians willing to review malpractice cases. You might also want to contact the Florida State Board of Veterinary Medicine to file a formal complaint, which could help document your concerns.
Given the significant expenses involved ($15,000), you may want to consult with an attorney who handles veterinary malpractice cases in Florida. They often have established relationships with veterinary experts and can better assess the strength of your case. Keep in mind that Florida has specific statutes of limitations for veterinary malpractice claims, so you'll want to take action within the required timeframe.
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